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Legal Notices

NextGen Healthcare, Inc. and its subsidiaries and affiliates (collectively, "Company", "We", "Our" or "Us") own and operate this web site (the "Company Site").

We reserve the right to change the terms of these Legal Notices at any time without notice. We will make reasonable efforts to inform You of those changes by posting a notice on the Company Site or by sending You notice by email or regular mail. You are welcome to contact Us at legal@nextgen.com at any time with any questions You may have about these Legal Notices, including questions as to whether the posted policy has been changed. Unless a notification of the change in policy states otherwise, changes to this policy are effective as of the date and time posted. By using the Company Site You are agreeing to be bound by the then current version of these Legal Notices. If You do not agree with any of these Legal Notices, You should cease all use and/or access to the Company Site.

Terms & conditions of use

By using the Company Site, You: (a) agree to these Terms and Conditions; and (b) represent that: (i) You are 18 years of age or older or if under the age of 18 and communicating with Your medical provider through any Company Site, You are using the Company Site under the direction of a medical professional or parent/guardian, and that (ii) if You are agreeing to these Terms and Conditions on behalf of another person or any legal entity, that You are duly authorized to do so. Your use of the Company Site after any change in these Terms and Conditions constitutes Your agreement to these Terms and Conditions as modified.

  1. Your Right of Access. If You are under any separate direct agreement with Us (generally a "License Agreement"), Your use of this Company Site may be subject to the terms and conditions of such License Agreement. However, if the License Agreement is silent as to this matter or if You are not subject to a License Agreement with Us, We hereby grant You the nonexclusive, nontransferable, royalty-free right and license to access and use the Company Site in any manner permitted under these Terms and Conditions. To the extent there is a conflict between these Terms and Conditions and the terms and conditions of any License Agreement, the terms of the License Agreement shall prevail.
  2. What the Company Site Does and Does Not Provide. We use the Company Site to provide information, products and services to meet Your needs. Your needs evolve constantly in response to many factors, including medical science, healthcare information technology, public health and health care policy, and the regulatory environment. Accordingly, We may begin, alter, suspend, and terminate Our offering of the content, features or functions on or through the Company Site in any manner consistent with Our contractual obligations, at any time, with no notice to You. We Do Not Provide Professional Advice. Nothing appearing on the Company Site is medical, legal, accounting, tax, compliance, or other professional advice. You should not use anything obtained on or through the Company Site as a substitute for advice provided by professionals You retain. Your Contributions. You are solely responsible for Your contributions to any online forum We may offer through or as part of the Company Site ("Your Site Participation"), such as, without limitation, responses to blog postings, bulletin board postings, and other contributions to online discussions. By submitting Your Site Participation, You: (a) represent to Us, in each instance, that You either own or that You have the right to display or transmit each and every element of Your Site Participation, and that Your submission will not violate the legal rights or interests of any person or entity; and (b) grant to Company a revocable, license to use Your Site Participation, in each instance, as a whole or in any part, for any business purpose, including without limitation, promotional, marketing and training purposes. If You have any question as to whether You have the right to make a contribution to the Company Site or You do not wish to grant Us the rights of use in Your contribution specified above, You should not make that contribution.
  3. Use of the Company Site. Your rights to access and use the Company Site granted above are contingent upon Your compliance with each of the following:
    1. You agree to use the Company Site at all times solely as permitted under the then-current Terms and Conditions for the Company Site;
    2. You agree to use the Company Site solely for Your internal business purposes. You agree not to access or use the Company Site for any other purpose or for any unlawful or illegal purpose. You agree not to use the Company Site in any manner that could damage, disable, overburden, or impair any Company server, or the network connected to any Company server, or interfere with any other party's use or enjoyment of the Company Site.
    3. You agree not to defeat or evade any security or access control device or procedure used on or associated with the Company Site;
    4. You agree not to sell, lease, traffic in, sublicense, or otherwise transfer to any person or entity, except as Your License Agreement expressly permits, either: (i) Your rights to access or use the Company Site granted hereunder; or (ii) any password, user name, or other information or device used to authorize Your access to and use of, the Company Site; or to disclose any of the foregoing to anyone other than Your employees and agents whose duties require their use;
    5. You agree not to access or use the Company Site using any automated, recursive or robotic means; additionally, in the Company 's sole judgment, access or use in any other manner that interferes with the operation of the Company Site or burdens the Company 's ability to provide the Company Site to You or others is prohibited;
    6. You may not frame the content of the Company Site, nor may you incorporate the Company Site within your site. You may not link to the Company Site or any of the individual web pages contained therein without prior written permission from Us. Requests to link to the Company Site should be sent to webteam@nextgen.com.
    7. You acknowledge and agree that: (a) the Company Site is or reflects intellectual property that, as between You and Company, is owned solely and exclusively by Company. You acknowledge and agree that You may not: (i) reverse engineer, disassemble, decompile, download, copy, reproduce, prepare derivative works of, distribute, publish, perform or display any: (a) functionality, code, documents, data, information, content, or other resource (collectively "Information Resources") used by Company to provide You with the Company Site; or (b) any Information Resource made available to You on or through the Company Site, except as agreements executed by Company in current effect otherwise provide or as otherwise permitted under these Terms and Conditions;
    8. You will not, directly or indirectly, use, or permit any third party to use, any Information Resource obtained from or through the Company Site: (a) as a training set for machine learning or the training of an artificial intelligence ("AI"); (b) in connection with machine learning, development and refinement of algorithms, and/or the enhancement and/or improvement of the operation and functionality of your or any third party's products or services; or (c) in any generative artificial intelligence software, tools or technologies, including, but not limited to, any natural language processing, deep learning algorithms, or machine learning models (commonly known as "Generative AI").
    9. Company hereby grants You a non-exclusive, non-transferable right and license to copy reasonably limited portions of text and to download, copy, and distribute articles, white papers, downloadable and other content displayed or otherwise made available in the public section of the Company Site, solely and exclusively for Your internal business purposes, provided that: (a) You are otherwise in compliance with these Terms and Conditions and any License Agreement You have entered into with Us; and (b) any such copy You make identifies Us as the author of that content and bears each and every legal notice that appears on the Company Site on or in association with that content, including without limitation, the copyright notice applicable to the specific content You copy. For the avoidance of doubt, this license does not pertain to any section of the Company Site which requires a login/password ("Private Site Content"). Private Site Content is governed by any one or more agreements You have entered into with Us. If you are not certain what rights you have to Private Site Content please contact Us at legal@nextgen.com for clarification.
    10. You acknowledge and agree that nothing in these Terms and Conditions: (i) provides You with any license or rights of use in or to any portion of the Company Site or any other intellectual property of Company other than those expressly stated herein; or (ii) transfers to You any rights, title or interests in or to any intellectual property of Company;
    11. You agree not to: (i) allow any person or entity acting on Your behalf or using Your System to act in any manner prohibited above; or (ii) attempt to act in any manner prohibited above. As used in these Terms and Conditions, "System" means the information technology You use, including without limitation, Your hardware, software, network and Internet connectivity, and information, individually or in any combination; and
    12. You understand and agree that any use or attempted use of the Company Site in violation of these Terms and Conditions may, without prejudice to any other claims, rights, or remedies Company may have, result in the termination of Your rights to use the Company Site.
  4. Customers and Other Contract Partners. These Terms and Conditions do not modify any agreement between You and Company. If You have entered into one or more agreements with Us that are in effect when You use the Company Site, including without limitation, agreements that authorize You to use any Company product, You acknowledge and agree that: (a) Your use of the Company Site is governed by those agreements as well as by these Terms and Conditions. For example, and without limitation: (i) Your obligations to safeguard Company's confidential and proprietary information from unauthorized disclosure or use, as set forth in Your agreement(s) with Us, apply with respect to any and all use You may make of non-public sections of the Company Site; and (ii) Our use of the Company Site, if any, to deliver certain products, services or related Information Resources to You does not alter Our agreement with You. The terms of Your agreement that define the scope of Your permitted use of these products, services or resources, apply fully to anything we deliver to You through this site. As such, You acknowledge and agree that certain uses You may make of the Company Site in violation of these Terms and Conditions may also constitute a material breach of one or more agreements You have entered into with Company. In the case of a conflict between any executed agreement between You and Company and these Terms or Conditions or any other document, the terms of the executed agreement between You and Company shall govern the right and obligations of the parties;
  5. Disclaimers. EXCEPT AS AND TO THE EXTENT THAT ANY EXECUTED AGREEMENT(S) WITH YOU AND US, IF ANY, MAY OTHERWISE EXPRESSLY PROVIDE, THE COMPANY SITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE." EXCEPT AS AND TO THE EXTENT THAT OUR EXECUTED AGREEMENT(S) WITH YOU, IF ANY, MAY OTHERWISE EXPRESSLY PROVIDE, COMPANY DOES NOT WARRANT THAT THE COMPANY SITE WILL PERFORM AS YOU EXPECT OR WITHOUT INTERRUPTION, THAT IT WILL MEET YOUR NEEDS, BE SECURE, THAT THE CONTENT POSTED ON TO THE SITE WILL BE CURRENT, ACCURATE, OR FREE FROM ERRORS, VIRUSES, OTHER MALICIOUS OR HARMFUL CODE, OR OTHER DEFECTS, THAT YOUR USE OF THE COMPANY SITE WILL NOT RESULT IN THE LOSS OF, OR DAMAGE TO, YOUR INFORMATION, THAT INFORMATION YOU POST TO THE COMPANY SITE CAN OR WILL BE DISPLAYED ACCURATELY, COMPLETELY OR AT ALL, OR THAT THE COMPANY SITE WILL NOT ALTER OR DAMAGE YOUR SYSTEM. EXCEPT AS AND TO THE EXTENT THAT COMPANY'S EXECUTED AGREEMENT(S) WITH YOU, IF ANY, MAY OTHERWISE EXPRESSLY PROVIDE, COMPANY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES RELATED TO THE COMPANY SITE, ANY FUNCTIONALITY, CONTENT OR OTHER INFORMATION MADE AVAILABLE TO YOU ON OR THROUGH THE COMPANY SITE, AND INFORMATION THAT YOU CHOOSE TO POST TO THE COMPANY SITE WEB SITE, OR ANY SYSTEM YOU MAY USE TO DO SO, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE AND AGREE THAT YOUR DECISION TO USE THE COMPANY SITE WITH RESPECT TO ANY INFORMATION IS YOUR SOLE RESPONSIBILITY AND THAT ANY AND ALL USES OF THE COMPANY SITE YOU MAY MAKE ARE, AND SHALL BE, AT YOUR SOLE RISK.
  6. Limitation of Liability. EXCEPT AS AND TO THE EXTENT THAT COMPANY'S EXECUTED AGREEMENT(S) WITH YOU, IF ANY, MAY OTHERWISE EXPRESSLY PROVIDE, IN NO EVENT SHALL COMPANY OR ANY OF COMPANY'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUPPLIERS OR REPRESENTATIVES BE LIABLE TO YOU OR TO ANY OF YOUR AFFILIATED PRACTICES FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOST DATA OR LOST OPPORTUNITIES, IN ANY WAY RELATING TO THESE TERMS AND CONDITIONS OR RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE COMPANY SITE OR ANY BREACH OF SECURITY, INCLUDING THE FAILURE OF ESSENTIAL PURPOSE, EVEN IF COMPANY HAS BEEN NOTIFIED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING, AND WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHERWISE. YOU ACKNOWLEDGE AND AGREE THAT EXCEPT AS AND TO THE EXTENT THAT COMPANY'S EXECUTED AGREEMENT(S) WITH YOU MAY OTHERWISE EXPRESSLY PROVIDE, YOUR SOLE REMEDY FOR ANY INJURY YOU ALLEGE TO HAVE SUFFERED ARISING FROM OR RELATED TO YOUR USE OF THE COMPANY SITE IS TO STOP USING IT. EXCLUSIONS AND LIMITATIONS
    SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THESE TERMS AND CONDITIONS OF USE, INCLUDING THOSE SET FORTH IN SECTIONS 5 AND 6, DO NOT APPLY AND ALL OTHER TERMS SHALL REMAIN IN FULL FORCE AND EFFECT.
  7. Indemnification. You agree to indemnify, defend and hold harmless, at Your sole expense, Company from and against any claim arising from or related to: (a) Your use of the Company Site; and (b) any breach of these Terms and Conditions by or attributable to You, including without limitation, a claim that Your Site Participation infringed intellectual property, privacy, or other legal rights or interests of any person or entity. You agree to pay any and all such claims, losses, deficiencies, damages, liabilities, costs and expenses, including without limitation, reasonable attorney's fees and all related costs and expenses as are incurred by or awarded against any one or more of the Indemnified Parties with respect to each such claim. Company will use reasonable efforts to provide You with prompt written notice of any such claim and of all related claims. You agree to conduct the defense and settlement of any related action or proceeding, subject to the Indemnified Parties' consent to any position or settlement, which shall not be unreasonably delayed or withheld.

Software notices

  1. Notice Specific To Software Available On Company Site. Any software that is made available to download from this Company Site ("Software") is the copyrighted work of the Company and/or its suppliers and is governed by the terms of the License Agreement that accompanies or is included with the Software. The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Read me files: You may not export or re-export this product in violation of any applicable laws or regulations including, without limitation, U.S. export regulations or the laws of the country in which you reside.
  2. Rights Restricted Legend. Any Software downloaded from this Company Site for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227-19, as applicable. COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS COMPANY SITE FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. COMPANY AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN NO EVENT SHALL COMPANY AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS COMPANY SITE. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS COMPANY SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND CHANGES IN THE PRODUCT(S) OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. NOTICES REGARDING SOFTWARE, DOCUMENTS, AND SERVICES AVAILABLE ON THIS WEBSITE. IN NO EVENT SHALL COMPANY OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THIS COMPANY SITE.

Intellectual property

  1. Copyright. We take the protection of Our copyright very seriously. If We discover that you have used Our copyright materials without prior written permission, We may bring legal proceedings against you seeking monetary damages and an injunction to stop you from using those materials. Pursuant to the U.S. Digital Millennium Copyright Act, notifications of claimed copyright infringement should be sent to Our designated agent. Please provide Our agent with the following: a description of the copyrighted work that you claim has been infringed, a description of where the material that you claim is infringing is located, a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, your address, telephone number and email address, a statement by you that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
  2. Logo Usage. Our logos may not be used without prior written permission. For approval please contact legal@nextgen.com.
  3. Trademark Usage Guidelines. Trademarks, whether registered or unregistered, are a valuable asset to Our Company and as such must be used properly. You may refer to Our products and services by their appropriate trademark only if Your references are truthful, fair, not misleading and comply with these guidelines:
    1. A trademark may not to be used in possessive form.
    2. The appropriate symbol must accompany the trademark (™ or ®).
    3. A trademark may not be altered in any way. Correct spelling and capitalization must be used.
    4. A trademark must be used as a proper adjective, not a noun.
    5. A trademark must be followed an appropriate generic descriptor. For example:
      1. Trademark: NextGen®
      2. Descriptor: software, solutions
    6. You may not incorporate Our trademarks into your own product names, service names, domain names or company name.
    7. Use of Our registered trademarks must be accompanied by the following attribution statement:
      "(INSERT TRADEMARK) is a registered trademark of NXGN Management, LLC."
    8. You may not use Our trademarks to directly or indirectly express or imply an endorsement, affiliation or sponsorship with Us without prior written permission.
    9. When using a trademark to reference Our products or services, the full name of the product or service must be used.
    Below is a list of Our registered trademarks. This list is not comprehensive of all trademarks. The absence of a product name, service name, logo or tag line from this list does not constitute a waiver of Our intellectual property rights.
    1. BELIEVE IN BETTER.
    2. C.A.C.H.E.
    3. Electronic EOB
    4. Helping Physicians And Computers Work Better Together
    5. Medfusion
    6. Mirth
    7. NextGen
    8. NextGen Care
    9. NextGen Connect
    10. NextGen Healthcare
    11. NextPen
    12. TSI Healthcare
    13. YourHealthFile
  4. Third Party Trademarks. Windows, SQL Server and Internet Explorer are either registered trademarks or trademarks of Microsoft Corporation in the United Stated and/or other countries. Acrobat is either a registered trademark or trademark of Adobe Systems Incorporated in the United States and/or other countries. Dell, Latitude, Optiplex and PowerEdge are trademark of Dell Inc. Pentium is a trademark of Intel Corporation in the U. S. and/or other countries. Java is a registered trademark of Oracle and/or its affiliates. Apple is a registered trademark of Apple Inc. All other names and marks are the property of their respective owners.
  5. Patents and Published Patents
    1. NextGen API Suite Manager – Pat. 9,280,636 and Pat. 10,176,298
    2. NextGen Care Outreach – Pat. 11,096,577
    3. NextGen Enterprise API – Pat. 9,280,636 and Pat. 10,176,298
    4. NextGen FHIR API – Pat. 9,280,636 and Pat. 10,176,298
    5. NextGen Mobile Dictation – Pat. 10,747,947
    6. NextGen Office EHR – Pat. 8,947,374 and 9,791,999
    7. NextGen Office PM – Pat. 7,805,322 & 7,788,115
    8. NextGen Patient Access API – Pat. 9,280,636 and Pat. 10,176,298

General

No modification, amendment, or waiver of any provision of these Legal Notices shall be effective unless adopted by Company in writing.

No failure or delay by Company in exercising any right, power, or remedy under these Legal Notices shall operate as a waiver of any such right, power, or remedy.

If any provision of these Legal Notices are ruled by a court of competent jurisdiction to be contrary to law, that provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of these Legal Notices shall remain in full force and effect.

You acknowledge and agree that each entity which collectively makes up Company is a third party beneficiary of these Legal Notices, and that each entity may enforce any provision of the terms that benefits it.

These Legal Notices shall be interpreted, construed and governed by, and in accordance with, the laws of the State of Delaware. Any cause of action arising out of or related to these Legal Notices may only be brought in the local court of applicable jurisdiction in the State of Delaware, New Castle County, and You hereby submit to the jurisdiction and venue of that court. Our registered agent is CT Corporation System. They accept service of process on Our behalf. Any bankruptcy notices should be sent to legal@nextgen.com.

These Legal Notices are the final, complete and exclusive agreement between the parties with respect to the subject matter hereof, and supersede any prior or contemporaneous agreements or understandings, either written or oral.

Dated: September 26, 2024

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