Terms of Use

In these API Terms of Use (“Terms”) “TRIMED” refers to TriMed Technologies, Corp (a High Point, NC software company). the API software vendor, and “PRACTICE” refers to the medical practice that has implemented the TRIMED FHIR API software. These Terms govern your access to and use of the TRIMED FHIR API. By accessing or using the TRIMED FHIR API, the App Developer (“You”), agree to be bound by these Terms.

1. OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH INFORMATION TECHNOLOGY (“ONC”)


Pursuant to requirements set forth by the ONC for electronic health record (“EHR”) software to meet in order to be certified EHR for the 2015 edition, TRIMED has made available the TRIMED FHIR API via this site to enable retrieval of patient information from the TRIMED EHR.

2. ACCEPTING THE TERMS

a. Legal Age

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 TRIMED FHIR API in accordance with these Terms.

b. Entity Level Acceptance

If you are using the TRIMED FHIR API on behalf of an entity, you represent and warrant that you have authority to bind that entity to the Terms and by accepting the Terms, you are doing so on behalf of that entity (and all references to “you” in the Terms refer to that entity).

3. CHANGES

a. Changes To TRIMED FHIR API

TRIMED may modify or update the TRIMED FHIR API from time to time. We will try to ensure, as far as possible, that future version(s) of the TRIMED FHIR API are backwards compatible with at least the most recent previous version, but cannot guarantee that this will always be possible. You should adapt your app to use the most up-to-date version of the TRIMED FHIR API promptly following release by TRIMED.

b. Changes To TRIMED FHIR API Terms of Use

TRIMED may change and update these Terms from time to time, and will publish any changes on this page. Make sure to check this page for any updates. Your continued use of the API after any such changes constitutes your acceptance of the new terms. If you are unable to comply with any amended version of the Terms, you should stop use of the TRIMED FHIR API immediately.

4. RESPONSIBILITIES AND REPRESENTATIONS

a. Compliance

You agree to comply with all applicable laws, rules and regulations relating to the use of the TRIMED FHIR API.

b. Registeration

You agree to register your app with a PRACTICE that has implemented the TRIMED FHIR API. You represent and warrant that the registration information you provide to PRACTICE is accurate.

c. Privacy Policy

You agree to provide and comply with a publicly accessible privacy policy.

5. MEDICAL PRACTICE


The PRACTICE with which you register your app may provide its own Terms of Use (“PRACTICE Terms”). You agree to adhere to the PRACTICE Terms. In the event of a conflict between these Terms and the PRACTICE Terms, the PRACTICE Terms will control.

6. TRIMED FHIR API RESTRICTIONS


When using the TRIMED FHIR API, you may not (or allow those acting on your behalf to):

a. Sell, lease or sublicense the TRIMED FHIR API or any data derived through the TRIMED FHIR API

b. Reverse engineer or attempt to extract the source code from any API or any related software, except to the extent that this restriction is expressly prohibited by applicable law.

c. Perform an Action with the intent of introducing to the TRIMED FHIR API any viruses, defects, malware, or any items of a destructive nature.

d. Interfere with or disrupt the TRIMED FHIR API or the servers or networks providing the TRIMED FHIR API.

7. TRIMED FHIR API LIMITATIONS


TRIMED sets and enforces limits on your use of the TRIMED FHIR API, in our sole discretion, without notice or liability. TRIMED reserves the right to:

a. Rate limit or block apps that make a large number of calls to the TRIMED FHIR API

b. Disable, restrict or remove your app’s access to the TRIMED FHIR API

c. Change, suspend, or discontinue the availability of the TRIMED FHIR API at any time

d. Impose limits on certain features or restrict your access to parts or all of the TRIMED FHIR API

8. IP OWNERSHIP


TRIMED retains ownership of TRIMED property and reserves all of its applicable rights with respect to the content of this site, the TRIMED EHR and the TRIMED FHIR API. Nothing in these Terms shall convey any transfer of ownership of TRIMED’s property.

9. INDEMNIFICATION


YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS TRIMED, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, INFORMATION PROVIDERS AND SUPPLIERS FROM AND AGAINST ALL CLAIMS, LIABILITIES, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES (“CLAIMS”), RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY CLAIMS ARISING FROM YOUR USE OF THE TRIMED FHIR API OR THE TRIMED WEB SITE (INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF THIRD PARTIES’ INTELLECTUAL PROPERTY RIGHTS, MISAPPROPRIATION OF TRADE SECRETS OR OTHER PROPRIETARY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT).

10. DISCLAIMERS


THIS SITE AND THE TRIMED FHIR API ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND/OR THE TRIMED FHIR API IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TRIMED AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, INFORMATION PROVIDERS AND SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. TRIMED MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, AND ACCURACY OF THE TRIMED FHIR API OR OTHER INFORMATION, TECHNOLOGY, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS PROVIDED BY TRIMED FOR ANY PURPOSE.

11. LIMITATION OF LIABILITY


TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, SHALL TRIMED, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, INFORMATION PROVIDERS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS, USE OR PERFORMANCE OF THE TRIMED FHIR API, WITH THE DELAY OR INABILITY TO USE THE TRIMED FHIR API OR RELATED TECHNOLOGY, SOFTWARE OR SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE THE TRIMED FHIR API, SOFTWARE OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED FROM TRIMED, OR OTHERWISE ARISING OUT OF THE USE OF THE TRIMED FHIR API, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TRIMED HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE TRIMED FHIR API OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE TRIMED FHIR API. NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF TRIMED, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, INFORMATION PROVIDERS AND/OR SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY YOU FOR THE USE OF THE PARTICULAR TECHNOLOGY, SOFTWARE, PRODUCT, INFORMATION OR SERVICE PROVIDED BY TRIMED .

12. THIRD PARTY CONTENT


The TRIMED FHIR API may contain software, materials, content, data, or information provided, posted, or offered by third parties. You agree that neither TRIMED nor its affiliates shall have any liability whatsoever to you for any such third party software, materials, content, data, or information.

13. TERM AND TERMINATION


Either you, TRIMED or the PRACTICE may terminate your right to use the TRIMED FHIR API at any time, with or without cause or notice.

14. PUBLICITY


You will not make any statement regarding your use of the TRIMED FHIR API which suggests partnership with, sponsorship by, or endorsement by TRIMED without TRIMED’s written approval.

15. APPLICABLE LAW


These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina. Any and all claims arising out of or relating to these Terms shall be brought in a state or federal court of competent jurisdiction in the State of North Carolina. You consent to the personal and subject matter jurisdiction of the state and/or federal courts located in the State of North Carolina and waive (a) any objection to jurisdiction or venue, or (b) any defense claiming lack of jurisdiction or improper venue, in any action brought in such courts.