Last Updated: March 6, 2019
Episode Solutions and its affiliates (“Episode Solutions”, “we”, “us” or “our”) is offering physicians, patients, patient caregivers and other authorized users (“you” or “your”) access to our healthcare management Services (as defined below), including our website (and any related sites) at www.episodesolutions.com (“Site”) and our mobile applications (“Mobile App”). Your use of the Site, Mobile App and Services is subject to these Terms of Service (“Terms”).
Please make sure that you read and understand these Terms. These Terms are a legal agreement between you and Episode Solutions that govern your use of the Services. Using the Services means that you are agreeing to these Terms. If you do not agree to these Terms, please do not click the “I Agree” button/box, create an account, or use any of our Services.
We may, at any time, modify these Terms. If we modify these Terms, we will post our modified Terms on our website or through the Services. By continuing to use our Services, you agree that you accept all of our modifications to these Terms. If you do not agree to the new Terms, you must stop using the Services.
The Services are not designed for the delivery of time sensitive or life critical medical or health-related communications. Do not use these Services in a medical emergency. If you are a patient or care giver and you believe the matter is urgent and may immediately affect your or your loved one’s health or well-being, PLEASE DIAL 911 AND/OR CONTACT YOUR PHYSICIAN DIRECTLY AND/OR GO DIRECTLY TO THE EMERGENCY DEPARTMENT OF A LOCAL HOSPITAL.
- Eligibility. By accepting these Terms, you affirm that you are (a) at least eighteen (18) years old, (b) have full power and authority to enter into these Terms, and (c) doing so will not violate any other agreement to which you are a party. If you are under the age of 18, please do not access or use our Services until you are at least 18 years old.
- Our services include the Site, Mobile Applications, various modes of communication, such as telephone calls and texts, as well as document, picture and video sharing, and other services under the control of Episode Solutions in connection with providing an online or digital platform to enable physicians, patients and other providers and care givers, together with an Episode Solutions care coordinator (“Navigator”) to manage a patient’s care plan and other follow-up after an episode of care, such as surgery (“Episode”), including coordination with Authorized Providers (“Services”).
- As a patient or caregiver, you can use the Services to post content related to your healthcare or that of a loved one, utilize tools and other features of the Services to organize and manage your care plan before, during and after an Episode, coordinate your care, and share access to your personal information and health records with other persons at your discretion. Your use of the Services is at your own risk, including the risk that content that you or others contribute to your health record is inaccurate or unreliable or that your User Data may be misused or misappropriated by someone to whom you provide access.
- As a physician, you can use the Services to monitor and manage individual patient care plans and Episodes, including care by other healthcare providers treating a patient (“Authorized Providers”), to the extent that such disclosures of protected health information (“PHI”) are consistent with the Health Insurance Portability and Accountability Act and regulations promulgated thereunder (“HIPAA”) and other applicable privacy laws.
- “User Data” means one or more types of personally identifiable information, including but not limited to name, age, gender, care plans, health and other medical information, email address(es), home or other addresses, and phone number(s); and any files, data, images, photos, videos, sounds, links, works of authorship, or any other materials that you, or third parties with your authorization, provide to, post to or share via the Services, including through discussion and other communication with our Navigators.
- Disclaimer. You understand and acknowledge that the Services are being provided and are made available on an “AS IS”, “AS AVAILABLE” and “WITH ALL FAULTS” basis for the purpose of providing us with feedback on the quality, usability and performance of the Services, as well as for the purpose of helping us identify defects. The Services may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your computer, mobile device and any connected peripherals (such as servers). We strongly encourage you to back-up all of your data and information on your computer, mobile devices and any peripherals before using the Services and not rely in any way on the correct functioning or performance of the Services. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. In addition, Episode Solutions is not obligated to provide any maintenance, technical or other support for the Services.
- Creating an Account. Anybody can browse our Site. However, use of the Mobile Apps and Services will require you to set up an account. You are required to provide us with true, current, complete and accurate information as prompted by the registration form, and you agree to maintain and promptly update such information to keep it true, current, complete and accurate.
- Activities under Your Account. You are responsible for maintaining the confidentiality of any password(s) you use to access the Services, and you are fully responsible for all activities that occur under your password(s) and your account. You agree to notify Episode Solutions immediately of any unauthorized use of your account or any other breach of security. Episode Solutions will not be liable for any loss that you may incur as a result of someone else using your password or account. Even if you give us notice, you could be held liable for losses incurred by Episode Solutions or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
- Rights and Access to User Data
- Rights to the User Data. By posting or requesting User Data through the Services, you certify that you have the right to post or request such User Data and/or that you have obtained all required consents to post or access such User Data, and you agree to access and use the User Data only as permitted by applicable law. In addition, you acknowledge that certain providers of User Data may have the right to revoke the use of User Data provided to you under certain circumstances, including where the wrong User Data have been provided, and you agree to delete any such User Data upon request. Notwithstanding patients’ rights in their User Data, physicians, Authorized Providers or other third parties may have rights to those User Data under applicable law.
- Care Giver Access to User Data.
- If you are a patient and wish to provide access to your User Data or invite a third party, such as a care giver, to collaborate in your health care management, you may invite them through the Services in your account, but any third party must create their own account and use their own log-in information to access any User Data that have been shared with them. You acknowledge and agree that any third party you invite to access your User Data will have access to all the same information available to you on your patient App as well as communications from your healthcare provider. Communications from your healthcare provider may contain your care plan and related User Data and other personal health information. Any third party you invite may also solicit User Data and other personal health information from your Authorized Providers.
- If you are a care giver, you understand and agree that, if any other user of our Services shares or provides you with access to their User Data, you will not obtain, as a result of your use of the Services, any right, title, or interest in or to such User Data. You agree to maintain the confidentiality and integrity of such shared User Data and to use or disclose such User Data only as authorized by their owner and applicable law. You understand and agree that you shall be solely liable for any damages arising out of or related to your breach of these obligations, and you agree to indemnify and hold harmless Episode Solutions and its affiliates, and their respective officers, employees, users, licensors and partners for any liabilities or damages arising out of or related to any breach of your duty to maintain the confidentiality and integrity of such shared User Data and to use or disclose such User Data only as authorized by their owner and applicable law.
- Use of the Services
- Use of the Services. Episode Solutions grants you a limited, revocable, non-exclusive, nonassignable, nonsublicensable license and right to access and use the Services through a generally available web browser or mobile device, view information and use the Services that we provide in accordance with these Terms. Any other use of the Services is strictly prohibited. We reserve all rights not expressly granted in these Terms, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in the Services and all related items.
- Unless we give you permission in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, create derivative works of or commercially exploit any materials we provide or are made available by third parties through the Services, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software Episode Solutions discloses to you, unless expressly allowed in writing. You must not remove, alter or obscure any copyright, patent, trademark or other proprietary or restrictive notice or legend contained or included in any part of the Services, and you agree to reproduce and copy all such notices and legends on all copies of any part of the Services that you are allowed to make under these Terms, if any. Any rights not expressly granted in these Terms are reserved.
- You may in no way use our Services to infringe or misappropriate any intellectual property rights of Episode Solutions, its users, and other third-parties.
- Notices. You agree that Episode Solutions may provide notice to you by posting notices or links to notices on our website or through the Services, as well as via email, SMS, texting or telephone calls.
- Applicable Laws and this Agreement. You agree to comply with all applicable laws, ordinances and regulations and these Terms.
- Promotions. You agree to receive newsletters, promotional materials, and other communications and materials relating to Episode Solutions or the Services.
- Advertising. You agree that from time to time we may offer commercial content or display advertising.
- Content. Some of the content available through the Services is owned by third parties. The materials and other content offered by others through the Services are provided “as is” and made available for educational and informational purposes only. We are not responsible or liable for content or materials that are prepared by, posted or provided by others and by our advertisers. By operating the Services, we do not represent or imply that we endorse any of the materials posted through the Services or by our advertisers or that we believe that such material is accurate, useful or non-harmful.
- Verification of Information. You grant Episode Solutions the right to independently verify any information that you provide through the Services, including information about yourself, although Episode Solutions does not routinely undertake, nor do we have any obligation to undertake, any such verification.
- Other Users. Episode Solutions does not control, is not responsible for and makes no representations or warranties with respect to any user of our Services or their conduct. You are solely responsible for your interaction with or reliance on any other user of our Services or their conduct. You further understand that you may be exposed to content from others that is offensive, indecent or objectionable.
- Changes to the Services. Episode Solutions Services are constantly evolving and changing. As a result, the Services may change at any time and without prior notice. Episode Solutions retains the right to, among other things, add, change, update, discontinue, suspend or limit the Services at any time at Episode Solutions’ sole discretion. Episode Solutions may also terminate or suspend any account or delete any content at any time, with or without notice.
- Indemnification. You agree to indemnify, defend and hold harmless Episode Solutions and its affiliates, and their respective officers, employees, users, licensors and partners, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, relating to or arising out of your access to or use of the Services (including any use by your employees or agents), your breach of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or anybody using your account.
- Your Data and Feedback.
- User Data. Episode Solutions makes no claim to ownership of any User Data. You represent and warrant that you have all the rights necessary to allow Episode Solutions and third-party providers to use and transfer your User Data as set forth in this Agreement.
- Evaluation. As a user of our Services, you agree to cooperate and consult with Episode Solutions in the evaluation of the Services based on your operation, use, and testing of the Services.
- Feedback. “Feedback” means all suggestions, comments, opinions, input, ideas, reports, information, know-how or other feedback provided by you (whether in oral, electronic or written form) to Episode Solution in connection with your use of the Services. Episode Solutions, in its sole discretion, may or may not respond to your Feedback or promise to address all your Feedback in the development of future features or functionalities of the Services. Episode Solutions shall own all right, title and interest in and to any Feedback that you provide. Episode Solutions grants to you a perpetual, worldwide, non-exclusive, non-transferable, irrevocable, non-sublicensable, royalty-free, fully paid-up license to use, copy, modify, create derivative works of, make, have made, distribute (through multiple tiers of distribution), publicly perform or display, import, export, sell, offer to sell, rent, or license copies of the Feedback for any purpose, including in connection with any Episode Solutions product, service, or technology. You warrant that you have a right to provide the Feedback and that the Feedback does not infringe any copyright or trade secret of any third party, and that you have no knowledge of any patent of any third party that may be infringed by the Feedback (including any implementation thereof recommended by you).
- Episode Solutions Intellectual Property. The Site, and all materials available through the Site and Services, including any software and Mobile Apps we provide and any updates, modifications, and derivative works based on the same, as well as our derivative works of the User Data, and not provided by users of the Services are the property of Episode Solutions, affiliated companies and/or third-party licensors, and are protected by copyrights, trademarks and other intellectual property rights. All trademarks, service marks, and trade names are proprietary to Episode Solutions, or affiliated companies and/or third-party licensors.
- Code of Conduct. Our Services are designed to help physicians, patients and care givers with continuity and coordination of care for an Episode. We ask that you only provide the User Data that we ask you to provide or that is otherwise relevant to our ability to provide the Services. Note that health information about any health event that would affect a patient, even if not specifically related to the Episode is likely to be considered relevant data. We have a few rules that we require you to follow in order to use our Services. No User shall:
- Post User Data that violates or infringes anyone’s intellectual property or other rights.
- Post User Data that is false, misleading, unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, obscene, invasive of another’s privacy, or tortious.
- Post User Data that is bullying, or otherwise victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
- Pretend to be somebody else.
- Use any of our content, materials or Services for commercial purposes or insert your own or a third party’s advertising, branding or other promotional content into the of the Services without our written consent.
- Use our Services for any illegal or unlawful purposes or to further any illegal activity.
- Transmit spam, bulk or unsolicited communications.
- Forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content transmitted through the Services.
- Post any User Data that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Harvest or collect email addresses or other contact information of other users from the Services or our website by electronic or other means.
- Interfere with the use of the Services by others.
- Circumvent, modify, attempt to circumvent or modify or encourage any other person to circumvent or modify any security technology or software that is part of the Services.
- Otherwise use the Services in any manner not expressly permitted in these Terms.
We realize that some of these requirements may be subjective. We try to be fair, but we reserve the right to make any final decisions as to whether any user or User Data has violated our Code of Conduct. If we conclude that you are violating our Code of Conduct we may remove your User Data or suspend or terminate your account with or without notice
- Maintenance and Availability. Scheduled maintenance shall take place from time to time, and during such time, updates to our software or platform for our Services or elements thereof may be unavailable. Emergency maintenance may be required at other times in the event of system failure. Use of the Services or some aspects thereof may require a wireless Internet connection. We make no representation that the Services are available or permitted in any particular location. Use of the Services is void where prohibited. You use Services at your own initiative and are responsible for compliance with any applicable laws in connection with your use thereof. Episode Solutions may also impose limits on the use or access to the Services as required by law. You specifically acknowledge that outage and downtime may occur, as may our error in communicating via the Services.
- Third Party Links; App Distributors
- Linked Sites. Episode Solutions may provide links to third-party websites or other resources (“Linked Sites”). Episode Solutions has no control over these Linked Sites, and is not responsible for the operation of any Linked Site. Episode Solutions offers these links as a convenience only, and the availability of any Linked Site is not an endorsement of the content, or any products or services available on these Linked Sites, or an endorsement of any Linked Site’s owners, or its providers. You acknowledge and agree that you access these Linked Sites at your own risk. Any interactions or business dealings with advertisers or third parties other than Episode Solutions found on or through our Services are solely between you and such advertiser or other third party. Without limiting any of the above, Episode Solutions will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such Linked Website.
- App Distributors. These Terms are between you and Episode Solutions only. We use certain third parties to distribute our applications and may use third parties for other Services. These third parties, such as Apple, Inc. and Google, Inc. (“App Distributors”) have no warranty, maintenance, support or other service obligations with regard to our Services. We, and not the App Distributers, are solely responsible for our Services. You understand and agree that the App Distributors have no obligation to provide maintenance and support services with respect to any of our Services.
- Not Medical Advice. Episode Solutions does not give medical advice. The Services may help you organize your health records, keep track of your care plan and provide helpful content, but any information and materials available from ES are for informational and educational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute for your own judgment in consultation with your health care provider. The Services are not a substitute for professional medical treatment. However, your physician and other Authorized Providers may provide you with medical advice or instructions through the Services. You assume full risk and responsibility for the use of information, including your care plan and other medical advice or instructions, you obtain from your Authorized Providers through the Services. Episode Solutions does not recommend or endorse any provider of health care or health-related products, items, or services, and does not recommend or endorse any specific tests, procedures, treatments, opinions, products, or other health related services.
- YOUR ACCESS TO, USE OF AND RELIANCE ON THE SERVICES IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE SERVICES ARE PROVIDED “AS IS” “AS AVAILABLE” AND “WITH ALL FAULTS”. TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, EPISODE SOLUTIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- EPISODE SOLUTIONS DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (1) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE THROUGH THE SERVICES BY ANY PARTY, (2) ANY CONTENT PROVIDED ON OR CAPABILITIES OR RELIABILITY OF ANY PRODUCT, OR (3) SERVICE OBTAINED FROM LINKED WEBSITES.
- Some jurisdictions do not allow disclaimer of implied warranties. In those jurisdictions, some of the disclaimer above may not apply.
- LIMITATION OF LIABILITY
- EPISODE SOLUTIONS SHALL NOT BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON THE SERVICES BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO EPISODE SOLUTIONS OR CONTENT OR SERVICES ACCESSED THROUGH EPISODE SOLUTIONS.
- YOUR USE OF THE SERVICES AND ANY RELATED PRODUCTS IS AT YOUR OWN RISK. NEITHER EPISODE SOLUTIONS, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS, LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR ANY RELATED CONTENT OR PRODUCTS, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
- EPISODE SOLUTIONS’ AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF ITS PARTNERS AND LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE ARISING OUT OF OR RELATING TO THE SERVICES IS LIMITED TO $100.
- To the extent any jurisdiction does not allow the exclusion or limitation of direct, incidental or consequential damages, portions of the above limitations or exclusions may not apply.
- Copyright Infringement
Episode Solutions will investigate claims of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). If you believe that any content on the Episode Solutions Site or accessible through the Services has infringed your copyright, you may submit a written notification of claimed copyright infringement to the following Designated Agent:
102 Woodmont Blvd., Ste 350
Nashville, TN 37205
To be effective, the notification must be written and include the following (please consult your legal counsel or see Section 512(c)(3) of the DMCA to confirm these requirements):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
After removing material according to a valid DMCA notice, we will immediately notify the individual responsible for the allegedly infringing material that we have removed or disabled access to the material.
If you do not comply with all of the requirements of this Copyright Policy, your DMCA notice may not be valid. Only DMCA notices should go to our Designated Agent. If you send an email or notice to our Designated Agent without a proper subject line, or for purposes other than communication about copyright claims, we may not acknowledge or respond to your communication. Any other Feedback, comments, requests for technical support, and other communications should be directed to our customer service at firstname.lastname@example.org.
It is our policy to terminate, under appropriate circumstances, any accounts of individuals who are repeat copyright infringers, and reserves the right, in its sole discretion, to terminate any access by individuals for actual or apparent copyright infringement.
- These Terms will continue until terminated. You may terminate these Terms at any time and for any reason by deactivating your account and discontinuing your use of the Services, including but not limited to removing our mobile application(s) and other materials we have provided to you from all of your devices. Episode Solutions may also terminate or suspend your account or your use of the Services at any time and for any reason with or without notice and without liability, including if we reasonably believe that you have violated these Terms, you have created any risks to Episode Solutions or others who use our Services or we have decided to stop providing the Services.
- If your delete any User Data, Episode Solutions will make reasonable efforts to make such User Data inaccessible. If your account is terminated, Episode Solutions will return to the applicable physician or destroy such User Data in accordance with the terms of our business associate agreement with the physician, and in accordance with HIPAA requirements.
- Applicable Law
- These Terms are governed by the laws of the State of Tennessee without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in the State of Tennessee, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
- The Services are only available to users within the United States (“U.S.”). If you are located outside the U.S., do not use our Services.
- Dispute Resolution; Arbitration
- Dispute Resolution. If you have any dispute with us, you must first give us an opportunity to resolve the dispute by sending a written description of your claim to us at email@example.com. We each agree to negotiate your claim in good faith. If we are unable to resolve the claim within 60 days after we acknowledge receipt of this claim description, you may pursue your claim in arbitration as described below.
- Binding Arbitration. We each agree that, except as provided below and to the extent permitted by law, any and all claims or disputes in any way related to or concerning these Terms or our Services, including any billing disputes, will be resolved by binding arbitration. We each also agree that these Terms affect interstate commerce so that the Federal Arbitration Act and Federal Arbitration Law apply. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorneys’ fees).
- Arbitration. Any dispute relating to these Terms or the Services that are not resolved by our dispute resolution process above may be resolved by binding arbitration to be held in the county of Davidson, Tennessee, in accordance with the rules then in effect of the American Arbitration Association. The parties will mutually agree on a single arbitrator. If the parties cannot mutually agree, the arbitrator will be appointed by the American Arbitration Association. The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court of competent jurisdiction. The party that does not prevail shall pay all of the costs and expenses of such arbitration, and each party shall separately pay its respective counsel fees and expenses. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in these Terms and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under these Terms, and each party hereby irrevocably waives any claim to such damages.
- Class Action Waiver. We each agree that any proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a member in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this Class Action Waiver is unenforceable, the arbitration agreement will be void as to you.
- Jury Trial Waiver. If a claim proceeds in court rather than through arbitration, we each waive any right to a jury trial.
- Injunctive Relief. You agree that any material breach of Section 7 of the Terms will result in irreparable harm to Episode Solutions and damages would be an inadequate remedy. Therefore, in addition to its rights and remedies otherwise available at law, Episode Solutions will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Episode Solutions seeks such an injunction.
- General Terms
- You must not assign or otherwise transfer the Terms or any right granted hereunder.
- Sections 3, 5, 6.a.i, 6.a.ii, 6.b, 6.c, 6.f, 6.j, 7.a, 7.c, 8, 12, 13, 15, 16, and 17 survive will remain in full effect after termination or expiration of the Terms.
- Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
- Episode Solutions reserves the right at all times to disclose any information as Episode Solutions deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Episode Solutions’ sole discretion.
- A printed version of these Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.