Terms of Use/Disclaimers

 

These terms were last updated on July 29, 2018.

 

Our Policy:

Welcome to the EchoToday software/website (the “Tool”) of iECHO, LLC, (“iECHO, LLC”, “we”, “us” and/or “our”). These Terms of Use and Disclaimers set forth iECHO, LLC’s policy with respect to the user’s agreements regarding the use of our tools and/or information.  Any information contained within this document applies to users and visitors accessing the EchoToday website and/or software.

 

 

If you do not agree to the following terms of use and/or disclaimers, you should immediately end this session and refrain from using our website/software in the future.  By not refraining from use, you are agreeing to these Terms of Use and iECHO, LLC’s privacy policy.  This applies to any parties that may have access to our software or website via any of your devices.

 

 

All ASE or any other society information contained within EchoToday is provided only after requested by the customer and this pertains only to free information published by the society and therefore openly available to the public.  Our services may include personal consulting of recommended values based on free information posted online but we will never provide parameters not previously reviewed/requested from the customer. 

 

Content within EchoToday is offered as an informational basis only and is not intended to be a substitute for ASE documents, professional medical advice, diagnosis and/or treatment.  All recommendations are “generally informational” and not specifically applicable to any individual’s medical problems, concerns and/or needs.  The EchoToday software is a platform that allows users to store relevant information all in one place in order to streamline enterprise or personal processes.

 

The information contained within EchoToday is intended to be used with Adult Transthoracic Echocardiography and does not pertain to pediatric, general, vascular, intravascular, transesophageal and/or other ultrasound specialties unless requested by the user and agreed upon by the representative responsible for that user.

 

iECHO, LLC is not liable for any misunderstandings, misuses, inaccuracies or unintentional consequences resulting from information contained within iECHO, LLC’s software or website. 

 

Information and/or graphics from the EchoToday’s software/website should not be reused without permission from iECHO, LLC unless you are the source in which iECHO,LLC obtained the information and/or graphic. 

 

Users retain non-exclusive, worldwide, and perpetual license to perform, display and use EchoToday on their devices for the tool’s intended purpose which is purely informational.

 

iECHO, LLC retains the right to change the terms of use at any time without notice.  We recommend periodically checking for any changes to the terms of use in order to remain updated.  iECHO, LLC also retains the right to ban users with or without cause or for any reason if infringement, or other criminal activity is suspected.  The updated terms of use will always be located on: www.iechotoday.com

 

Contacting iECHO, LLC:

Please feel free to contact us if you have any questions about iECHO, LLC’s Terms of Use, Privacy Policy or the information practices followed by iECHO, LLC.

 

You may contact us as follows: Website: https://www.iechotoday.com/contact

Software Sales and Service Agreement Contract

This Sales and Service Agreement (this "Agreement") is made the day of purchase via website: www.iechotoday.com of the EchoToday software.  The day of purchase marks the effective date of this contract between iECHO, LLC and the individual or institution. 

 

A G R E E M E N T:

1. SERVICES TO BE RENDERED. The Consultant will adapt the products as requested by the Client via website messages and/or email communications.  If the Client has requested training services these will be provided on an agreed date between iECHO, LLC and the individual or institution who purchased the EchoToday software.

 

2. PAYMENT OF FEES. In consideration of the initial purchase of products and/or services, the Client shall pay Consultant one hundred percent (100%) of the total software costs before initial use of the EchoToday software.  The current fees outlined on www.iechotoday.com include $6 for 30 days or $4 per month when a continuous subscription is selected by the user or institution.  After the 30 days or when the subscription is no longer valid due to lack of payment, iECHO, LLC has the right to terminate services and/or block the user’s login.

 

3. TAXES. The Consultant understands and acknowledges that the Client will not withhold Federal or State income taxes. It is the responsibility of the Consultant to make the necessary estimated tax payments throughout the year, if any, and the Consultant is solely liable for any tax obligation arising from the Consultant’s performance of this Agreement. The Consultant hereby agrees to indemnify the Client against any demand to pay taxes arising from the Consultant’s failure to pay taxes on compensation earned pursuant to this Agreement.

 

4. LIMITATION OF DAMAGES. CLIENT AGREES THAT CONSULTANT’S TOTAL AGGREGATE LIABILITY, IF ANY, SHALL NOT EXCEED FEES PAID TO CONSULTANT BY CLIENT FOR THE PRODUCTS AND/OR SERVICES INVOLVED. The Consultant will endeavor to provide high quality services and a high quality product. However, the Consultant is not, and will not be responsible for any consequential or incidental damages resulting from any interruptions of service, or data loss.  Although the Consultant will endeavor to safeguard any data provided by the Client, the Client agrees that the Client is responsible for safeguarding its data. In no event will the Consultant be liable for lost or damaged data, loss of business, or anticipatory profits, or any other consequential or incidental damages resulting from the Client’s use or operation of the services or the maintenance thereof. Client agrees that Consultant’s total aggregate liability shall not exceed fees paid to Consultant by Client for the products and/or services involved. Notwithstanding the above, Consultant agrees to defend, indemnify and hold harmless the Client, the Client, its successors and assigns, and respective directors, officers, employees, agents and representatives of the Client from injuries, damages and loss, including costs and attorneys’ fees, arising from the negligent acts and omissions of its employees, officers and agents under this Agreement.

 

 5. TERMINATION. Either party may terminate this Agreement at any time. Upon termination of this Agreement the Consultant may immediately cease providing Services to the Client, and neither party shall have any further obligation to the other under the Agreement – Software Sales and Service Agreement Contract provided that neither party shall be relieved from any obligations or liabilities arising under the Agreement prior to its termination.

 

6. INDEPENDENT CONTRACTOR. The Consultant is an independent contractor relative to the Client and nothing contained herein shall be deemed to create a partnership, joint venture, franchise, employment, or agency relationship between the parties.

 

7. ASSIGNMENT. This Agreement goes in to effect when the client clicks “next” on the www.iechotoday.com website signifying that they have read and agree to the terms. 

 

8. FOR SERVICE. Consultant’s preferred method of contact includes website inquiries or direct email communications to michael@iechotoday.com

 

9. DISPUTE RESOLUTION. If a dispute or claim shall arise with respect to any of the terms or provisions of this Agreement, then either party may, by notice as herein provided, require that the dispute be submitted under the Commercial Arbitration Rules of the American Arbitration Association to an arbitrator in good standing with the American Arbitration Association within fifteen (15) days after such notice is given. Any such arbitrator so selected is to be mutually acceptable to both parties. If both parties are unable to agree upon a single arbitrator, each party shall appoint one (1) arbitrator. If either party does not appoint an arbitrator within five (5) days after the other party has given notice of the name of its arbitrator, the single arbitrator appointed by the party giving notice shall be the sole arbitrator and such arbitrator's decision shall be binding upon both parties. If two (2) arbitrators are appointed, these two (2) arbitrators shall appoint a third arbitrator who shall proceed to resolve the question. The written decision of the single arbitrator ultimately appointed by or for both parties shall be binding and conclusive on the parties. Judgment may be entered on such written decision by the single arbitrator in any court having jurisdiction and the parties consent to the jurisdiction of Travis County, Texas for this purpose. Any arbitration undertaken pursuant to the terms of this section shall occur in Travis County, Texas.

 

10. ATTORNEYS' FEES. In the event of any legal, equitable or administrative action or proceeding brought by any party against another party under this Agreement, the prevailing party shall be entitled to recover the reasonable fees of its attorneys and any costs incurred in such action or proceeding including costs of appeal, if any, in such amount that the court or administrative body having jurisdiction over such action may award subject to Section 5.

 

11. DEBARMENT CERTIFICATION. The Consultant certifies that it: a) Is not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency. b) Has not within a three-year period preceding the execution of this contract with the Client, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice. c) Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in Section 12(b) of this section. d) Has not within a three-year period preceding the preceding the execution of this contract with the Client had one or more public transactions (Federal, State, or local) terminated for cause of default.

 

12. RIGHT TO REVIEW. This Agreement is subject to review by any Federal or State auditor. The Client or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Client. Such review may occur with or without notice, and may include, but is not limited to, on-site inspection by County agents or employees, inspection of all records or other materials which the Client deems pertinent to the Agreement and its performance, and any and all communications with or evaluation by service recipients under this Agreement. The Consultant shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for 6 years after contract termination, and shall make them available for such review, within Travis County, State of Texas, upon request.

 

13. CONFIDENTIALITY. The Consultant, its employees, sub-Contractors, and their employees shall maintain the confidentiality of all information provided by the Client or acquired by the Consultant in performance of this Agreement, except upon the prior written consent of the Travis County Prosecuting Attorney or an order entered by a court after having acquired jurisdiction over the Client. The Consultant shall immediately give to the Client notice of any judicial proceedings seeking disclosure of such information. The Consultant shall indemnify and hold harmless the Client, its successors and assigns, and respective directors, officers, employees, agents and representatives of the Client from all loss or expense, including, but not limited to settlements, judgments, setoffs, attorneys' fees and costs resulting from Consultant’s breach of this provision.

 

14. GOVERNING LAW. Notwithstanding any other section in this Agreement to the contrary, this Agreement will be construed and enforced in accordance with, and governed by, the laws of the State of Texas in the United States of America without giving effect to any conflict of laws principles. The parties hereby consent to the personal jurisdiction of the courts of the County of Travis, Texas, and waive any rights to change venue. The parties mutually stipulate and agree that this Agreement is in all respects (including, but not limited to, all matters of interpretation, validity, performance, and the consequences of breach) to be exclusively construed, governed and enforced in accordance with the internal laws (excluding conflict of laws rules) of Texas.

 

15. SURVIVAL. The provisions of sections 3, 4, 5, 6, 7, 11, 12, 13, and 14 shall survive notwithstanding the termination or invalidity of this Agreement for any reason – Software Sales and Service Agreement Contract

 

17. ENTIRE AGREEMENT. This Agreement is the complete agreement between the parties and replaces any prior oral or written communications between the parties. There are no conditions, understandings, agreements, or representations that are not specified herein.

 

 

 

The parties hereto have caused this Agreement to be duly executed and delivered as of the date first written above. iECHO, LLC (The Consultant) and the individual or institution that clicks “next” on www.iechotoday.com (The Client).

 

 

Summary of Cost Agreement depends on user selection:

$6 per 30 days

Or

$4 per month on continual basis until cease payment by user

 

Discounts may be provided by iECHO, LLC on an individual basis.

 

 

Michael Owen (Founder of iECHO, LLC)

Date: 07/29/2018

 

Technical support info

www.iechotoday.com/contact

or

email: michael@iechotoday.com