Konvergent Terms of Service
By using the Konvergent.io website ("Service"), or any services of Konvergent Health Technologies, Inc. ("Konvergent"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES. This agreement applies to ALL types of users of the Konvergent website.
Konvergent may revise these TOS at any time by posting an updated version to this web page. You should visit this page periodically to review the most current TOS, because you are bound by them. Your continued use of the Service after a change to the TOS constitutes your binding acceptance of TOS. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your Account. While Konvergent prohibits such conduct and Content on the Service, you understand and agree that Konvergent cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
By accessing the Service, you acknowledge that you have read and understand these Terms, and that you agree to be bound them. If you do not agree to be bound by these Terms, do not access the Service.
2. THE KONVERGENT SERVICE
A. Account Terms, Eligibility, and Prohibited Activities
- You must be 13 years or older to use this Service.
- You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
- You must provide your name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person - a single login shared by multiple people is not permitted. If this term is violated, you may be subject to immediate termination. Konvergent is not responsible for any operating losses that are incurred at that time.
- You are responsible for maintaining the security of your account and password. Konvergent cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have sub-accounts under your primary Owner account).
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws). Konvergent will comply with authorities if there is a violation of law.
Konvergent is a United States company. Your information is stored within the United States. The Services are designed specifically for users in the United States. We do not target users in other jurisdictions and we make no claims that the Service or any associated content is appropriate for users outside of the United States.
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:
- In any way that violates any federal, state or local law or regulation or professional rule applicable to you and your use of the Services including, without limitation, those relating to patient privacy, medical care and treatment including the Health Insurance Portability and Accountability Act (HIPAA), physician self-referrals (the Stark law), or text messaging (the Telephone Consumer Protection Act).
- In any way that violates or conflicts with any agreement to which you are a party, including any agreement with your employer.
- To send, knowingly receive, upload or download any material that does not comply with the Content Standards outlined below.
- To impersonate another person, or misrepresent your identity or affiliation with any person or entity (e.g., by using an email address or username that misrepresents your affiliation).
- In any manner that could disable, overburden, damage, or impair any component of the Service.
- To transmit any advertising or promotional materials without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
- To engage in any other conduct that inhibits anyone's use or enjoyment of the Service or which, as determined by us, may harm Konvergent or users of the Service.
Additionally, you agree not to:
- Re-use or re-publish any content made available through the Service including, without limitation, content posted by other Konvergent users, without the express written permission of Konvergent or such user, as applicable.
- Copy any of the material made available through the Service for commercial purposes, including through the scraping of content.
- Attempt to obtain unauthorized access to or interfere with the Service, any Konvergent computer system, software or network, including through reverse engineering, decompiling, deriving source code or uploading malicious code or code snippets.
- Tamper with, breach or attempt to probe, scan, or test for vulnerabilities in the Service or Konvergent’s computer systems, network, security elements, or any other protective measures associated with the Service.
- Use any software, devices, scripts, robots or any other means or process to view, access or “scrape” the Service or otherwise copy information from the Service.
- Reproduce or redistribute content provided through the Services, including through “framing” or “mirroring” or through third parties, without Konvergent’s consent.
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source.
- Monitor the availability, performance or functionality of any of the Services for any competitive purpose.
- Deep-link to any of our websites (i.e., linking to a Konvergent web page other than the Konvergent home page or your specific account URLs) unless expressly approved by Konvergent in writing on a case-by-case basis.
- Infringe or use any of our brands, logos trademarks or other proprietary marks in any business name, email, URL or other context, unless expressly approved by Konvergent in writing.
- Introduce into the Service any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Otherwise attempt to interfere with the proper working of the Service, or any portion thereof.
B. PAYMENT, REFUNDS, UPGRADING AND DOWNGRADING TERMS
All paid plans must enter a valid payment account.
For monthly payment plans, the Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
For any upgrade or downgrade in plan level while on a monthly billing cycle, the credit card that you provided will automatically be charged the new rate on your next billing cycle. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Konvergent does not accept any liability for such loss.
Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Konvergent Site (konvergent.io) or the Service itself.
Konvergent shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Konvergent Referral System External Providers who are invited to System databases by paying users are not required to pay to complete database profiles within the scope of those specific invitations.
Discounts in the form of coupon codes are subject to the following terms:
- Coupons are valid for a limited time only. Konvergent reserves the right to modify or cancel coupons at any time.
- If you do not register when the coupon is in effect, the discount will not apply.
- The coupon applies only to recurring monthly charges. Coupons do not apply to account upgrades and/or modifications (e.g. increasing staff provider slots).
- The promotion is limited to one coupon per customer.
- Coupons may not be used in conjunction together. Only one coupon can be applied to an account's monthly charge.
- Void where prohibited.
- Konvergent has no obligation for payment of any tax in conjunction with the distribution or use of any coupon.
- Coupons are void if restricted or prohibited by law.
C. User Content Standards
You may choose to submit and post content to the Service in a variety of ways, including through your profile, posts, and comments (“User Content”). You represent and warrant that you own or control all rights in and to the User Content and have the right to grant the license granted below, and your User Content complies with these Terms. You understand and acknowledge that you are solely responsible for your User Content, including its legality, reliability, accuracy, and appropriateness. Konvergent is not responsible for User Content, nor does it endorse any opinion contained in any User Content.
The following Content Standards apply to any and all User Content, including any use of the Service to transmit such User Content. User Content must comply with all applicable laws and regulations. Without limiting the foregoing,
User Content must not:
- Contain any material that is offensive, abusive, defamatory, obscene, threatening or harassing.
- Promote illegal activity or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Contain any material that is illegal, including by violating any intellectual property rights, privacy rights or proprietary rights of Konvergent or any third party.
- Contain any confidential information of any third party (including your employer), or violate any contractual restrictions to which you are subject.
- Involve commercial activities, such as advertising or promotions, that are not expressly authorized by Konvergent in writing.
- Misrepresent your current or past affiliation with another person or entity, or otherwise contain fraudulent, false, deceptive or misleading content.
You may expose yourself to liability if, for example, Your Content contains material contains any of the above.
If you believe that any User Content violates your copyright, send us a notice of copyright infringement.
Konvergent may, but has no obligation to, monitor, review or edit User Content. In all cases, we reserve the right to remove any User Content for any or no reason, including User Content that we determine in our sole discretion violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of our users or the public, or could create liability for Konvergent. We may take these actions without prior notification to you, and shall have no liability as a result of any such action.
You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Konvergent.
We may use Your non-sensitive Content in a number of different ways as appropriate, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Konvergent and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
As between you and Konvergent, you own Your Content. We own the Konvergent Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the Konvergent Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Konvergent Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the Konvergent Content are retained by us.
Konvergent and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
User Content (including any that may have been created by users employed or contracted by Konvergent) does not necessarily reflect the opinion of Konvergent. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
D. Use of the Service.
The information made available through the Service is provided for informational purposes only and is not intended as a substitute for your professional judgment as a healthcare professional treating patients. You are solely responsible for evaluating the information obtained through the Service and for your decision to use such information in connection with your treatment decisions and otherwise. Your use of the information obtained through the Services is solely at your own risk, and you agree that Konvergent and its licensors are not responsible or liable for any claim, loss, or damage arising from your use of such information. Konvergent does not recommend or endorse any specific healthcare providers, products, procedures, opinions, or other information that may be mentioned in the Service, and we assume no responsibility for such information.
E. Service Availability & Modification to Services and Prices
We make reasonable efforts to keep all of the Services fully operational, however we may encounter technical difficulties or engage in maintenance or updates to the Services that may cause temporary interruptions. We reserve the right, at any time, to modify or discontinue, temporarily or permanently, functions and features of the Service, without liability to you for any such modification, interruption, or discontinuance. You understand and agree that Konvergent has no obligation to provide any specific content or features through the Service and Konvergent may, from time to time, remove any content or features without notice at its sole discretion.
Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 day notice from us. Such notice may be provided at any time by posting the changes to the Konvergent Site (konvergent.io) or the Service itself.
Konvergent shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
F. Your Konvergent Account
You agree to: (1) choose a strong password, and keep it secure and confidential; (2) not permit others to use your login credentials to access your Konvergent account; and (3) refrain from accessing another Konvergent member’s account. You agree you are solely responsible for your account. If you believe there has been unauthorized access to your account, you must change your username and password and notify us immediately. As between you and others (including your employer), your account belongs to you. However, if another party purchases a paid Service from Konvergent and authorizes you to use that Service on its behalf, the party paying for the Service has the right to control access to and obtain reports on your use of the paid Service.
H. Third Party Sites
The Service includes links to third party web sites ("Third Party Sites"). You are responsible for evaluating whether you want to access or use a Third Party Site, and agree and understand that our inclusion of a link to a Third Party Site in no way constitutes our affiliation with or endorsement of such site or its content. Third Party Sites are governed by their respective terms of service and privacy policies, and we encourage you to review the terms and policies of any Third Party Site before using it.
A. User-To-User Communication and Sharing
The Service enables users to communicate information to others in many ways including through their profiles, social actions, and through our member communication tools. We authorize you to use these tools for clinical, non-commercial purposes, unless otherwise expressly approved by Konvergent. You are solely responsible for your interactions with other Konvergent users. Konvergent reserves the right, but has no obligation, to monitor disputes between you and other users and respond as necessary to enforce these Terms.
KONVERGENT IS NOT RESPONSIBLE FOR A USER'S USE, MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST, UPLOAD, OR TRANSMIT VIA THE SERVICE UNLESS OTHERWISE EXPRESSLY AGREED BY KONVERGENT PURSUANT TO A SEPARATE WRITTEN AGREEMENT.
B. Patient Communication Tools
The Services include tools and features intended to facilitate healthcare related communication between our healthcare provider members, other affiliated healthcare professionals, and their patients, such as Konvergent messaging system and its associated attachment features. It is your decision as to whether you communicate with your patients and other providers using these tools, and if you choose to do so, you agree that (1) you will comply with all applicable laws, regulations and rules applicable to you and your use of the tools, (2) you have obtained any and all legally required consents, authorizations and other permissions including, but not limited to, any required by HIPAA and the Telephone Consumer Protection Act (if applicable to your sending of text messages), and (3) your use of the tools will not conflict with any agreement to which you are a party. Also, Konvergent’s communication tools are not intended to be used to transmit messages relating to payments or debt collection, advertisements, or other non-healthcare related information, so do not use them for these purposes. Refer to the section above titled “Privacy” for additional information about Konvergent’s communication tools, including the applicability of the Konvergent Business Associate Agreement.
C. Communications from Konvergent
4. OWNERSHIP AND LICENSES
A. Proprietary Rights
Our websites, mobile apps, and their content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Konvergent, its licensors, or other providers of such materials, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The name Konvergent, the Konvergent logo and other Konvergent logos and product and service names are the exclusive trademarks of, and are owned by, Konvergent, and you may not use or display such trademarks in any manner without Konvergent’s prior written permission. Any third party trademarks or service marks displayed on the Services are the property of their respective owners. Your use of the Services grants you no right to reproduce, license or otherwise use any such trademarks, logos or other proprietary marks.
B. License to Use the Services
Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-assignable, non-sublicensable license to access the Service for your personal, non-commercial use, unless otherwise agreed by Konvergent, and only as permitted by the features of the Service. Any other use of the Service is strictly prohibited and a violation of these Terms. We reserve all rights not expressly granted in these Terms, including, without limitation, title, ownership, intellectual property rights in the Service, including any content made available through the Service, and our consent to your use of the Service does not impair those rights in any way. For the avoidance of doubt, you are not granted a right to re-use or re-publish any content made available through the Service including, without limitation, User Content submitted by other users, without the express written permission of Konvergent or such user, as applicable.
C. Your License to Konvergent
5. CANCELLATION, TERM, AND TERMINATION
You may terminate your Konvergent account at any time. We may terminate or suspend your right to access the Service without notice if we determine that you have seriously or repeatedly breached these Terms. All sections of these Terms that by their nature should survive termination shall survive termination, including without limitation, Privacy, Ownership and Licenses, Disclaimers and Limitation of Liability, Indemnity, Choice of Law; Dispute Resolution, and Additional Terms.
You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the User Settings link in the navigation bar at the top of the screen and clicking Delete User Account. The Account screen provides a simple no questions asked cancellation link.
All of your Data may be immediately deleted from the Service upon cancellation. This information may not be recovered once your account is cancelled. Program Content (ex. referral databases) will be forfeited and relinquished, but will not be republished, and are subject to management by Konvergent Inc. For clarification, Client Data does not fall under Hosted Program Content.
If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
Konvergent, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Konvergent service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Konvergent reserves the right to refuse service to anyone for any reason at any time. On termination, you lose the right to access or use the Service. Konvergent will not be liable whatsoever for suspension or termination of your access to or use of the Service.
In the event that Konvergent takes action to suspend or terminate an account, we will make a reasonable effort to provide the affected account owner with a copy of their account contents upon request, unless the account was suspended or terminated due to unlawful conduct.
6. DISCLAIMERS AND LIMITATION OF LIABILITY
A. Warranty Disclaimer
WE MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICE, INCLUDING THAT IT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT INFORMATION YOU OBTAIN THROUGH THE SERVICE IS ACCURATE OR COMPLETE. THE SERVICE AND ALL CONTENT, INFORMATION (INCLUDING, WITHOUT LIMITATION, USER PROFILE INFORMATION), TOOLS AND FEATURES MADE AVAILABLE THROUGH THE SERVICE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE AND OUR AFFILIATES DISCLAIM ANY AND ALL IMPLIED OR STATUTORY WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, AND NON-INFRINGEMENT.
IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR KONVERGENT ACCOUNT.
B. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL KONVERGENT, ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, OR SHAREHOLDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, BUSINESS OPPORTUNITIES, OR GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OR YOUR USE OR ACCESS, OR INABILITY TO USE OR ACCESS, THE SERVICE OR ANY COMPONENT THEREOF, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KONVERGENT AND ITS AFFILIATES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF MATERIALS MADE AVAILABLE THROUGH THE SERVICE OR AS A RESULT OF THE USE OF ANY SUCH MATERIALS, PERSONAL INJURY OF ANY NATURE WHATSOEVER RESULTING FROM A USER’S ACCESS TO OR USE OF THE SERVICE, OR ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN YOU AND KONVERGENT UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF OUR AGREEMENT, AND THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE.
7. CLAIMS REGARDING COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Konvergent infringe your copyright or trademark rights, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please be advised that Konvergent will not respond to complaints that do not meet these requirements. If Konvergent determines the materials alleged to infringe your copyright or trademark rights do not require removal, Konvergent will remove those materials only pursuant to a court order declaring the content or use of the materials unlawful.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Counter-notices must include the following information: (a) your name, address, and telephone number; (b) the source of the content that was removed; (c) a statement under penalty of perjury that you have a good-faith belief that the content was removed in error; (d) a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located or, if your address is outside of the United States, for any judicial district in which Konvergent may be found, and that you will accept service of process from the person who provided the original complaint; and (e) a physical or electronic signature (for example, typing your full name).
You agree to indemnify hold harmless Konvergent, its affiliates, officers, agents, employees, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to (1) your failure to comply with these Terms, (2) any content you submit to the Services including, without limitation, User Content, and (3) your use of the Service.
9. ADDITIONAL TERMS
If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render these Terms enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms will not be affected in any way.
B. No Waiver
Failure to enforce any part of these Terms is not a waiver of the right to later enforce that or any other part of these Terms.
C. Relationship of the Parties
You agree that no joint venture, partnership, joint controllership, employment or agency relationship exists between you and Konvergent as a result of these Terms or your use of the Services
Konvergent’s notice to you via email, regular mail or notices, posts, or links on the Services shall constitute acceptable notice to you under these Terms. You must provide any notice to us in writing and send via overnight courier.
You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of Konvergent. Konvergent has the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third parties to fulfill its duties and obligations under these Terms and in connection with the Service.
F. Changes to these Terms
We reserve the right to modify these Terms and any policies applicable to your use of the Service at any time in our sole discretion. When we make a change, we will post the updated Terms to the Service with a new “Effective Date.” We may, and if required by law will, also provide notification of changes in another way that we believe is reasonably likely to reach you, such as by e-mail (if you have an account where we have your contact information) or another manner through the Service. Any modifications to these Terms will be effective upon posting or as otherwise indicated at the time of posting. In all cases, by continuing to use the Service after posting of the updated Terms, you are consenting to the changes. If you object to any changes, you may close your account.
G. Third-party vendors and hosting partners
You understand that Konvergent uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. You acknowledge and agree that (i) the Internet is not operated by Konvergent; (ii) Konvergent is not responsible and has no control over the information or materials accessible via the Internet through use of the outside service providers (“Hosts”; and (iii) Konvergent does not own or control any of the various facilities, equipment or communications lines through which Internet access may be provided. You acknowledge and agrees that use of the Hosted and the Internet is your responsibility and that your use of the Host via the Internet is solely at your own risk and is subject to all applicable local, state, national and international laws and regulations. You acknowledge and agree that the reliability, availability, integrity and performance of resources accessed through the Internet or other services connected to the Host are beyond the control of Konvergent and are not in any way warranted or supported by Konvergent. You acknowledge and agree that even though Konvergent has taken precautions to protect the security of your Data and to prevent the creation or entry of viruses in the Host, the Internet may not be a secure network, that third parties may be able to intercept, access, use or corrupt the information you transmit over the Internet, that the Host may not be error or virus free and that Konvergent is not responsible for invalid destinations, transmission errors, or corruption or security of your Data being transmitted via the Internet or of any of your hardware, software or other information technology infrastructure or components unless such error, virus, invalid destinations, transmission errors or corruption or security are caused by the gross negligence or willful misconduct of Konvergent.
H. Technical Support
Support for Konvergent services is only available in English, via email and telephone. Konvergent responds to technical questions within 72 hours.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Konvergent customer, employee, member, or officer will result in immediate account termination.
If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Konvergent) of other Konvergent customers, we reserve the right to immediately disable your account or throttle your hosting until you can reduce your bandwidth consumption.
J. Entire Agreement
These Terms and the Konvergent Business Associate Agreement constitute the entire, complete and exclusive agreement between you and us regarding your use of the Service and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Questions about the Terms of Service should be sent to