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    By PNT Data Admin
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    Posted September 18, 2018

    PNT Data Achieves HITRUST CSF® Certification and HITRUST Certification of the NIST Cybersecurity Framework to Manage Risk, Improve Security Posture and Meet Compliance Requirements

    PNT Data Achieves HITRUST CSF® Certification and HITRUST Certification of the NIST Cybersecurity Framework to Manage Risk, Improve Security Posture and Meet Compliance Requirements  Recognized [...]

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    PNT DATA SOFTWARE AND SERVICES AGREEMENT

    PNT Data Corp.

    Software, Services, and System User Agreement

     

    THIS SOFTWARE, SERVICES AND SYSTEM USER AGREEMENT (THE “AGREEMENT”) GOVERNS USE OF, AND ACCESS TO, THE SOFTWARE, SERVICES AND/OR SYSTEM, AS DEFINED BELOW. PLEASE READ IT CAREFULLY! BY SIGNING IN THE SPACES PROVIDED AT THE END OF THIS AGREEMENT, CLICKING “ACCEPTED AND AGREED,” OR CONTINUING TO ACCESS AND USE THE SOFTWARE, SERVICES OR SYSTEM “YOU” (whether an Authorized Payer, Authorized Provider, Authorized Subcontractor, or other “Authorized User”) AGREE TO THIS AGREEMENT WITHOUT RESTRICTION. THE AGREEMENT IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND PNT DATA CORP. (“PNT” OR “COMPANY”) IF YOU DO NOT WISH TO ACCEPT THESE TERMS, DO NOT USE OR ACCESS THE SOFTWARE, SERVICES OR SYSTEM.

    The terms of this Agreement apply to any and all uses of the Software, Services and System, including any revisions or new releases Company may provide in the future.

    Notwithstanding acceptance of this Agreement by any Authorized User, each Primary User shall be responsible for assuring that any other Authorized User that accesses or uses the Services and System for or on behalf of such Primary User does so in full compliance with this Agreement.

    IMPORTANT TERMS IN THIS AGREEMENT:

    “Authorized Payer” means any health benefit plan, health insurance company, third party administrator for a health plan, or sponsor of a health plan (including a government entity sponsor) that is a party to an agreement (other than this Agreement) with Company, an Authorized Provider or an Authorized Vendor that authorizes such Payer to send or receive Authorized Transactions.

    “Authorized Provider” means any Participating Provider (e.g., physician, medical group, clinic, lab, hospital) that:  (1) submits or receives Authorized Transactions or other confidential information to or from Authorized Payers or Authorized Vendors, (2) meets Company’s participation requirements, and (3) is authorized by the Company to use the System.

    “Authorized Vendor” means any person or entity other than Authorized Payers or Authorized Providers that: (1) submits or receives Authorized Transactions to or from Authorized Payers or who assists Authorized Providers in doing so, (2) is engaged by an Authorized Payer or Authorized Provider to do so, (3) meets Company’s participation requirements and (3) is authorized by the Company to use the System. Examples of Authorized Vendors include claims clearinghouses, EMR vendors and Health Insurance Exchanges.

    “Authorized Transactions” means health insurance claims, health claim payment information, eligibility and benefits verifications, and related data that are transmitted to or from Authorized Users through the System (in whole or in part), and may include clinical data, immunization information, laboratory test results, patient charts, discharge summaries and other forms of healthcare information as may be agreed to by PNT with an Authorized Payer, Authorized Provider or Authorized Vendor.

    “Authorized User” means:

    (1) a Primary User;

    (2) any person, such as an employee, customer or subcontractor of a Primary User, or that is party to a contract or other arrangement with a Primary User, who is permitted to use the Services or System on behalf of or as a contractor with a Primary User pursuant to an arrangement between the Primary User and PNT, provided, however, that the Primary User is wholly responsible for any use of the Services or System by any Authorized User who uses the Services of System on behalf of, or pursuant to a contract with, such Primary User; or

    (3) any other person who is permitted to access the Services or System;

    provided any such user has accepted the terms and conditions of this Agreement.

    “Content” means all text, images, information, user instructions, data, and other content included by Company in the System, including any Software, and on any Site.

    “Primary User” means an Authorized Payer, Authorized Provider or Authorized Vendor on whose behalf any other Authorized User accesses or uses the Services and/or System, or that is party to a contract or other arrangement pursuant to which another Authorized User is permitted to access or use the Services and/or System.  Use or access to the Services or System by one Primary User on behalf of another Primary User does not relieve either of them for responsibility hereunder.

    “Services” means services provided or arranged for by Company that enable Authorized Users to exchange Authorized Transactions. The Services include any access that an Authorized User may have to Company’s Site in order to utilize the Services or the Software.

    “Sites” means Company’s internet accessible portal at https://apps.pntdata.com/PortalLogin, its website at www.pntdata.com, and any successor or alternative to any of them, that is made available by Company, and through which Users, such as You, may access and use the Software, System and/or Services.

    “Software” means the proprietary software applications, including but not limited to the Doodad™ software application, developed or made available by Company for exchange of Authorized Transactions while utilizing the Services, or any other proprietary electronic technology system that Company makes available to facilitate delivery and performance of Services.

    “System” means the Sites, Software, Content and related applications, portals, electronic system elements, features and communications infrastructure made available by Company to enable Authorized Users to access and use the Services, Software and Content; and all modifications, enhancements, upgrades, updates and successors thereto.

    1. General Scope
      1. Scope and Purpose Company will make its System and related Services available to You, as an Authorized User, to transmit and/or receive Authorized Transactions from, to, with or for Authorized Payers, Authorized Providers and/or Authorized Vendors pursuant to the terms of this Agreement. Company will make a list of Authorized Payer connections available at pntdata.com; which list may be modified from time to time.
      2. Other Authorization Agreements You acknowledge that certain Primary Users, as defined above, may be required to agree to terms and conditions established by Company related to the exchange of Authorized Transactions.  The provisions of such other agreements, and the terms and conditions established between Company and any such Primary User, shall also apply to the Services and System access of such Primary Users, except as may be stated otherwise in this Agreement. However, nothing in such other agreements shall relieve You of any of Your duties under this Agreement, unless You are a Primary User, in which case such other agreement shall supersede this Agreement to the extent of any conflict between them.
    2. License Grant

    Company hereby grants to You, as an Authorized User, a nonexclusive license to use the Services and System solely for the purposes authorized in this Agreement, subject to this Agreement and the following:

    1. Each Authorized User is wholly responsible for assuring that any other person, including any other Authorized User, who accesses or uses the Services and System on behalf of, as an employee of, or pursuant to an arrangement with, such Authorized User, does so in full compliance with this Agreement.
    2. If provided with a unique username, password, and/or developer key to access and use the Sites, Software, Services, and/or System, each Authorized User shall maintain the confidentiality and the usage of such name, password and/or key, and will notify Company immediately of any unauthorized use.

    Any use of the Services or System by a person who is not an Authorized User is strictly prohibited.

    1. Use of the Software, Services, or Systems.

    You may use the System, including the Software, and view the Content solely in order to access, utilize and fulfill delivery of the Services, such as submitting or receiving an Authorized Transmission. Furthermore:

    1. You shall not assign, sublicense, transfer, pledge, lease, rent, distribute, host, commercially exploit, or share the Software, System, Content or any right, duty or obligation granted under this license or Agreement, and any attempt to do so is void.

     

    1. You shall not copy/duplicate, reproduce, distribute, download, display, post or transmit, modify, disassemble, reverse engineer, reverse assemble, reverse compile, otherwise translate, or make derivative works based upon any part or element of the System, including but not limited to the Software and Content.

     

    1. You shall not create Internet “links” to any part of the System or “frame” or “mirror” any content contained in, or accessible from, the System or any related server, wireless or Internet-based device.

     

    1. You shall not make use of the Services or System or any element thereof to (i) build a competitive product or service; or (ii) build a product using similar ideas, features or functions.

     

    1. You shall not publish via the System, without Company’s approval, any content that contains any advertising or any solicitation to use goods or services.

     

    1. You shall not, nor assist or permit any other person to: (i) upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of the System, or alter a computer application or data or to strip, scrape, or mine data from the System; (ii) attempt to gain unauthorized access to the System or related systems or networks or harvest, collect, gather or assemble information or data regarding other Authorized Users; or (iii) interfere with, disrupt, or create an undue burden on the Services or System, or servers or networks connected to the System, or violate the regulations, policies or procedures of such networks; (iv) harass or interfere with another Authorized User’s use of the Services; (v) do any act that would be illegal, give rise to liability or otherwise violate any applicable law or this Agreement; (vi) upload or transmit any communication or content of any type that infringes or violates any right of any person; or (vii) post or transmit material that is or could be unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, false, misleading, hateful or embarrassing to any other person. Company reserves the right in its sole discretion, to manage any content appearing on, or as a part of, the Site, Software or System.

     

    1. You shall acquire no ownership interest in the Services, Software, System or any Content and shall not remove, authorize or permit any third party to remove any proprietary rights legend from the Site or any other part of the System.

     

    1. Company is free to use any information submitted to or through the System in violation of the above for any legally permissible purpose and in any manner whatsoever. Company will fully cooperate with any law enforcement authority or court order related to use of the Services.

     

    1. You shall be responsible for, and shall report to Company promptly, any known or suspected violation of the above by any person acting on Your behalf or within Your employment or control, including any Authorized User, and shall use reasonable efforts to stop such activity.

     

    1. Upon Company’s request, You shall provide Company with examples of each use You, or any person acting on your behalf or within your employment or control, has made of the Content. You shall immediately cease, or cause cessation of, any such use on receipt of notice from Company that such use is in violation of this Agreement.

     

    1. Company reserves the right to conduct an audit of any Primary User’s usage of the System or Services to verify compliance with this Section and identify opportunities for improvement.
    1. System Inputs

    You are responsible for the accuracy, completeness, reliability, quality and timeliness of all information that You or anyone acting on your behalf or within your employment or control, inputs into the System or into third party applications using the System, or that is provided to Company or its designees or contractors, to be input into, or otherwise used in conjunction with, the System on Your behalf; including all data related to Authorized Transactions. In addition, You shall not, and will not authorize or permit any other person to, input, import, export or transmit to or through the System, any data that: (i) constitutes or encourages the commission of a criminal offense, gives rise to civil liability or violates any local, state, federal or international law, statute, ordinance or regulation; (ii) infringes on any Company or non-party copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (iii) is defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (iv) is obscene or pornographic, sexually explicit or contains child pornography; (v) violates any law regarding confidentiality of patient-related information; (iv) constitutes unfair competition or false advertising; (vii) interferes with, disrupts or otherwise disturbs the colloquy, dialogue, conversations or communications of other users; or (viii) contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

    1. Intellectual Property Rights

    Except for the limited rights expressly set forth in this Agreement: (1) You acknowledge that Company is the owner of all right, title and interest in and to the Software, System, Services and Content, including, without limitation, all modifications, updates and other derivative works thereof and all copyright and other intellectual property rights related thereto;  (2) You hereby agree that You shall not at any time dispute, challenge, or contest, directly or indirectly, Company’s right, title and interest in and to the Software, System, Services or Content, or assist or aid others to do so; and (3) You will not take, or authorize or permit any other person to take, any action that will interfere with or diminish any right, title or interest of Company in the Software, Services, System or Content.

    Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of, or created from, any part of the Software, System or Services shall be owned exclusively by Company, and/or, as applicable, Company’s service providers, as shall any and all patent rights, copyrights, trade secret rights, trademark rights, and all other proprietary rights, worldwide, therein and thereto. Company’s exclusive ownership right applies to any suggestion, idea, enhancement request, feedback, recommendation or other information provided by You or any other person relating to the Software, System or Services, and You hereby assign to Company any and all of Your rights, title or interests in and to the foregoing.

    1. Effective Date and Termination

    Upon Your acceptance of this Agreement, or upon Your first use of the Software, Service or System, the terms and conditions of this Agreement (as modified by the Company from time to time, in accordance with the provisions herein), shall be applicable to each and every use of the Software, Service, or System by You or anyone acting on Your behalf or within your employment or control.  You are under no continuing obligation to use the Services.  However, the terms and conditions of this Agreement shall remain in effect with respect to all uses of the Services.

    ANY UNAUTHORIZED USE OF THE SYSTEM OR CONTENT TERMINATES THE LICENSE GRANTED HEREUNDER WITHOUT THE NEED FOR FURTHER ACTION.

    Company reserves the right at any time to terminate this Agreement and suspend any use of and access to the Services and System, or any portion thereof, temporarily or permanently, and with or without notice. Upon termination, You will cease and desist any use of or access to the System and Content, and You will assure that no other person within Your employment or control uses or accesses the System or the Content. Company may, in its discretion, provide You with an opportunity to cure an alleged breach within thirty (30) calendar days of notice.

    All provisions regarding indemnification, warranty disclaimers, limitation of liability, governing law and proprietary rights shall survive termination of this Agreement for any reason.

    1. No Waiver

    The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.  If any term or provision of this Agreement or the application thereof is deemed to be invalid or unenforceable to any extent, the remainder of this Agreement shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

    1. Binding Agreement; Revisions at Any Time

    As between You and Company, this Agreement shall constitute the entire agreement regarding Your use of the System and Services and supersedes all prior communications and agreements between You and Company.  This Agreement shall be binding upon the parties and their successors and assigns.

    Company may update, modify or amend this Agreement at any time and without prior notice. Updated versions of this Agreement will appear or be made available on the Site.  Continued use of the Software, System, Services or Content after the publication of such amendments to this Agreement shall constitute Your agreement to be bound by such changes.

    1. Test Data and Listing of Authorized Providers

    Any Primary User agrees to provide to Company on a timely basis all information, reasonable assistance, and test data required by Company to facilitate use of the System and Services by any other Authorized User doing so on behalf of such Primary User.  Furthermore, Company shall be permitted to list any Authorized Provider on its website.

    1. Supporting Infrastructure and Internet Access

    Company is not responsible for obtaining and installing computer components and Internet telecommunication services, including an email account, necessary to access and utilize the Services and System.  Failure to obtain or install such components and services may delay or prevent access to the Services and System, which shall not be Company’s responsibility.

    1. Provider Group Authorization

    In the event that this Agreement is accepted by an Authorized User on behalf of a group of Participating Providers, the applicable Authorized User certifies that such Participating Providers have agreed to the terms of this Agreement, or empowered the Authorized User to accept it on their behalf, and that the applicable Authorized User has legal authority to enter into this Agreement on behalf of all of the Participating Providers who are affiliated with that Authorized User.

    1. Acknowledgments Regarding Claims and Data

    You acknowledge that: (i) certain health care reimbursement claims, including but not limited to claims under the Medicare, Medicaid and Federal Employees Health Benefits (“FEHB”) programs, are paid from Government funds; (ii) misrepresentations on such claims are punishable under law; (iii) the System functions merely as a conduit with respect to Authorized Transactions and (iv) Company has no knowledge regarding the underlying validity of any exchange of Authorized Transactions.

    You also certify that, to the best of Your knowledge, information and belief: (i) any Authorized Transaction that You or any person acting on Your behalf exchanges through the System to, from or for an Authorized Provider contains only legitimate Authorized Transaction information; and (ii) that all such information submitted shall be completely free of misrepresentations and/or falsifications.

    You acknowledge, agree and understand that if You are using the System on behalf of an Authorized Provider, or anyone using the System on Your behalf or within Your control is an Authorized Provider, (i) You or the Authorized Provider (and not Company) is responsible for: (a) backing up its own data; (b) reviewing and reconciling all reports relating to the Services; and (c) obtaining, completing, filing and confirming any contractual requirements of Authorized Payers; and (ii) failure to review and reconcile reports relating to the Services could result in non-payment of claims by a payer(s); (iii) failure to comply with these requirements may delay or prevent access to the Services.

    1. Confidential Information

    Neither Company nor its employees, agents, or subcontractors shall disclose to any person or entity not a party to this Agreement, any personal and/or medical information, herein referred to as “confidential information,” including but not limited to names, social security numbers, tax identification numbers, provider numbers, and addresses, which Company receives from any source by reason of this Agreement, except as required by law or for the exclusive purpose of fulfilling the terms of this Agreement in accordance with applicable law.  Notwithstanding the foregoing, Company shall be permitted to disclose confidential information: (i) to non-parties who are legally bound to hold such information as confidential and who utilize such information for the sole purpose of carrying out the terms of this Agreement; (ii) to other non-parties, pursuant to written authorization by an applicable Authorized User; and (iii) to other organizations, such as Primary Users, that are parties to (a) an agreement with Company or (b) an agreement with another Primary User, which agreement authorizes such organization to receive the confidential information. Neither Company nor its employees, directors or agents shall use confidential information for any other purpose other than as reasonably necessary to carry out the terms of this Agreement.  Company shall not be responsible for the direct disclosure of any information to a third-party by an Authorized User or any person acting on the Authorized User’s behalf or within the Authorized User’s employment or control.

    1. Regulatory Compliance
      1. General Duty of Compliance You will at all times use the System and the Services, and perform Your obligations under this Agreement, in compliance with all federal, state and local laws and regulations applicable to provision of health care services and payment for such services, including in particular, but without limitation, laws relating to confidentiality of patient-related information, and laws governing medical services or supplies (collectively “Applicable Laws”); and shall ensure that anyone who uses the System and Services on your behalf does likewise.

     

    1. HIPAA Security and Privacy Without limiting the foregoing, You are responsible for ensuring that Your use of the System and the Services are at all times during the term of this Agreement in compliance with the security and privacy requirements of the federal Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), to the extent that You may have access to “PHI” as defined below; and for ensuing that anyone who uses the System or Services on your behalf does likewise.

    HIPAA is an important federal law that affects how healthcare organizations handle confidential health information. The privacy provisions of HIPAA, and regulations promulgated thereunder (45 C.F.R. Part 160 and Subparts A and E of Part 164) regulate the fundamental principle of protecting patient confidentiality and privacy. The purpose of the HIPAA privacy provision is to define and limit the circumstances in which an individual’s protected health information (PHI) may be used or disclosed. HIPAA and its regulations specify that when PHI must be disclosed for healthcare operations, disclosure of PHI is limited to the “minimum necessary” standard – the minimum or least amount of information is disclosed that is necessary for the situation. PHI, whether oral, electronic or paper, must be protected at all times. HIPAA and related regulations (45 C.F.R. Part 160 and Subparts A and C of Part 164) also includes provisions that address information security, requiring procedures are in place to ensure PHI is “secure” from unauthorized use/access, inappropriate destruction, etc.

    All users of this System, including You, must comply with HIPAA.  Therefore, none of them will access, distribute, discuss or read PHI, except in those situations where the information needs to be accessed, distributed, discussed or read in order to successfully complete a relevant job duty. In these situations, the information will be read and discussed discreetly and not shared in any way with others not needing the information. Any information that is printed containing PHI must be shredded thoroughly or secured in a safe, discrete location when done.  You must also use maintain the security of any PHI and prevent unauthorized use and/or disclosure of such PHI.

    NOTWITHSTANDING SECTIONS 12 AND 13 ABOVE, YOU ACKNOWLEDGE THAT (A) COMPANY MAY USE AND STORE ELECTRONIC PROTECTED HEALTH INFORMATION ON ITS SERVERS AS NECESSARY TO PROVIDE SERVICES TO OR FOR COMPANY’S CUSTOMERS, INCLUDING AUTHORIZED PAYERS, AND (B) COMPANY RETAINS A RIGHT TO MAINTAIN, COMBINE AND USE FULLY DE-IDENTIFIED AND AGGREGATED PATIENT OR MEMBER DATA, OR INFORMATION DERIVED FROM SUCH DATA, FOR RESEARCH AND ANY OTHER PURPOSE NOT PROHIBITED BY HIPAA OR OTHER APPLICABLE LAW.

    1. Notices

    All notices required or permitted under this Agreement shall be in writing and shall be deemed to be effective: (i) when delivered by personal service; (ii) when delivered by telecopy/fax or overnight mail; (iii) three days after being deposited in the United States Postal Service at such address as may be designated in writing by the receiving party; or (iv) when the Authorized User first signs-on to utilize the Services after the time a notice is published by Company via the Site.

    1. Indemnification

    Company is not responsible for any violations by Your or any other Authorized User of any federal, state, or local law, regulation or order, or term of this Agreement or of any agreement or arrangement between You or any other Authorized User and any provider, payer, patient or other third party.  You agree to indemnify and hold Company harmless with respect to any damages, expenses or attorney’s fees incurred by Company, related to any such violations for which You or any other person using or accessing the Software, Services or System on Your behalf is responsible.

    1. No Warranties

    COMPANY WILL ENDEAVOR TO PROVIDE THE HIGHEST QUALITY SERVICES UNDER THIS AGREEMENT.  HOWEVER, COMPANY MAKES NO WARRANTY, EXPRESS OR IMPLIED, FOR THE SOFTWARE, SERVICES, OR SYSTEM HEREUNDER.  WITH THE EXCEPTION OF THE WARRANTIES EXPRESSLY STATED ELSEWHERE HEREIN, NEITHER COMPANY, NOR ANY OF ITS INFORMATION PROVIDERS, LICENSEES, COMPANYS, EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.  THE SERVICES ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR UNINTERRUPTED OR ERROR-FREE USE OR OPERATION OF THE SOFTWARE, SYSTEM, SERVICES OR THE CONTENTS, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION UNDER APPLICABLE LAW. NEITHER COMPANY NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES OR SYSTEM COVERED BY THIS AGREEMENT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SERVICES OR SYSTEM PROVIDED UNDER THIS CONTRACT, INCLUDING DELIVERY OF THIRD-PARTY CONTENT. YOU SHALL ASSUME THE ENTIRE RISK OF USING THE SERVICES. COMPANY DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS ANY AUTHORIZED USER MAY OBTAIN BY USING THE SERVICES, SYSTEM OR RELATED SOFTWARE. COMPANY DOES NOT WARRANT OR GUARANTEE THE CORRECTNESS, COMPLETENESS, OR QUALITY OF ANY INFORMATION INCLUDING AUTHORIZED TRANSACTIONS EXCHANGED WITH OR AMONG AUTHORIZED USERS, OR OTHER PRODUCT OR MATERIAL PROVIDED THROUGH USE OF THE SYSTEM OR ON THE INTERNET GENERALLY. COMPANY CANNOT AND DOES NOT WARRANT THAT AUTHORIZED TRANSACTIONS WILL BE PROCESSED OR ADJUDICATED BY AUTHORIZED PAYERS. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE TIMEFRAMES INVOLVED FOR PROCESSING AUTHORIZED PROVIDER CLAIMS EXCHANGED VIA THE SERVICES WITH AUTHORIZED PAYERS.

    1. Limited Remedies

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES (INCLUDING DAMAGES DERIVED FROM THE LOSS OF EARNINGS, PROFITS OR GOODWILL OR FROM INCREASED EXPENSES OR COSTS, FORESEEABLE OR UNFORESEEABLE), THAT MAY BE INCURRED OR SUFFERED BY YOU OR ANY OTHER PERSON, WHETHER UNDER THE LAWS OF CONTRACT, STRICT LIABILITY, TORT OR OTHERWISE, AS A RESULT OF THE USE OR INABILITY TO USE OR ACCESS THE SYSTEM OR THE SERVICES. THE LIMITATIONS CONTAINED IN THIS SECTION APPLY TO ALL CAUSES OF ACTION IN THE AGGREGATE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY).

    1. International Users and Non-US Residents

     

    The System and Services are administered by Company from the United States. They are designed to comply with United States laws and regulations and are intended for use by United States residents only. You will access the System and use the Services only when working within the boundaries of the United States of America, and will assure that anyone acting on Your behalf does likewise. Any overseas/off-shore access is strictly prohibited unless approved by Company in writing. If You access the System or use the Services or any related functionality from outside the United States or as a Non-US resident, or allow any other person to do so, You do so at Your own risk and are responsible for compliance with the laws of such other jurisdiction.

    1. Copyright and Trademark Infringement and Notices

    All Contents are: Copyright by PNT Data Corp., all rights reserved.  You shall not remove, or allow removal by anyone within Your employment or control of, any copyright, trademark or other notices or legends contained on the Content or in the System, and all copies of the Content must contain, at a minimum, the following notices: “© PNT Data Corp., All Rights Reserved” or such other notice as specified by Company. Any rights not expressly granted herein are reserved.

    1. Arbitration

    Except for a claim of breach of obligations as described in Sections 3, 4 and 5 above, any dispute between You and Company in relation to this Agreement shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitration shall be administered by JAMS, shall take place before a sole arbitrator and conducted in the state of Connecticut. Judgment upon the arbitral award may be entered by any court having jurisdiction. Notwithstanding anything contained herein to the contrary, each party agrees that any breach with respect to Sections 3, 4 and 5 is likely to cause Company immediate and irreparable harm. Each party, therefore, agrees that, in the event of any such breach or threatened breach, Company shall be entitled to injunctive relief in a court of law or equity without the necessity of bond, in addition to all other remedies available to Company for such breach.

    1. Choice of Law

    This Agreement shall be interpreted and governed in accordance with the laws of the state of Connecticut.  By using this Site, You consent to personal jurisdiction in the federal and state courts located in the State of Connecticut, for any action arising out of or relating to this Agreement or Your use of the System or Content that is not subject to arbitration as per above. EACH PARTY UNCONDITIONALLY WAIVES THE RIGHT TO A JURY TRIAL OF ANY DISPUTE. The scope of this waiver is intended to be all encompassing of any and all disputes that may be filed in any court or other tribunal.  It may not be modified except as provided herein.  If any provision of this Agreement is declared to be invalid or against public policy, the other provisions shall remain in full force and effect.

    1. Accept or Decline

    You understand and acknowledge that by typing Your name in the box below and clicking the “Accept” button, OR by otherwise using the services BY SUBMITTING A TEST FILE or continuing to use the System, You evidence Your intent to be legally bound by all terms of this Agreement, which include the warranty disclaimers, choice of law and limitations on liability and damages described above.  If You accept this Agreement on behalf of a company, agency or similar entity, You represent that you have authority to sign on behalf of and bind this entity.  If You are not authorized to sign on behalf of this entity or you do not agree to the terms of this Agreement, please click the “Cancel” button.

     

    Terms and Conditions last updated: 10/15/2020

    Data Acquisition
    PNT’s data acquisition service engages and connects data sources across a geographically dispersed and technically disparate user base. With our service there are no format limitations or communication method requirements. We help you acquire and transform data so that is ready to work for you.
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