TERMS ACCEPTANCE AND REPRESENTATION

1. Accepting the Terms These Terms of Use ("Terms") govern your access to and use of the Certified EHR YOUR WAY EHR 2015 Edition API, documentation, services, etc. By accessing or using the Certified EHR YOUR WAY APIs, you agree to be bound by these Terms. "Certified EHR YOUR WAY EHR API" means the API provided by EHR YOUR WAY to allow authorized access to query our Client(s) Electronic Health Record system. You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to agree to these Terms and to use the Certified EHR YOUR WAY APIs in accordance with these Terms.
2. Entity Representation If you are using the Certified EHR YOUR WAY API on behalf of a legal entity (i.e. a Clinical software services company), you represent that you have proper authority to act on behalf of and bind the entity to these Terms, and by accepting, you accept on behalf of the entity (and all references to "you" in the Terms refer to the entity).

REPRESENTATIONS AND RESPONSIBILITIES

1. Compliance You agree to be financially responsible for your use of the Certified EHR YOUR WAY EHR APIs and to comply with your responsibilities and obligations as stated in these Terms. You agree to comply at all times with all applicable laws, rules and regulations relating to the use of the Certified EHR YOUR WAY EMR APIs.
2. Virus Warranty You warrant that your Apps will not contain any viruses or other malicious computer instructions, devices, or techniques that can or were designed to threaten, infect, damage, disable, or shut down the EHR YOUR WAY EHR APIs, any technology, software, solution, equipment or any computer system.

GENERAL

1. Changes EHR YOUR WAY may, in its sole and absolute discretion, make changes, modifications or updates to the Certified EHR YOUR WAY EHR API (including without limitation changes to the capabilities and tech specs), without notice to you.
2. Global Availability EHR YOUR WAY makes no representations that the Certified EHR YOUR WAY EHR APIs are appropriate or available for use in locations outside of the United States.
3. Intellectual Property Rights You acknowledge and agree that the Certified EHR YOUR WAY EHR APIs and EHR YOUR WAY's software, products and services are proprietary in nature and EHR YOUR WAY claims all intellectual property rights therein.
4. Waiver, Release and Limitation of Liability You acknowledge and agree that neither EHR YOUR WAY nor any of its affiliates will have any responsibility or liability with respect to your or any third party's use of any app, software, solution, service or other technology created by you or another third party.
5. Indemnification YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EHR YOUR WAY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS FROM AND AGAINST ALL CLAIMS, LIABILITIES, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO YOUR USE OF THE CERTIFIED EHR YOUR WAY APIS.
6. Term and Termination Either you or EHR YOUR WAY may terminate your right to use the Certified EHR YOUR WAY EHR APIs at any time, with or without cause, upon notice.
7. Governing Law These Terms are governed by US federal law or the laws of the State of California.
8. Application Developer Affirmations Application developer affirmations to Certified API Developers regarding the ability of their applications to secure a refresh token, a client secret, or both, must be treated in a good faith manner.