Use") carefully before using the CephNinja mobile application (the
"Service") operated by CephNinja ("us", "we", or
Your access to and use of the Service is conditioned upon your
acceptance of and compliance with these Terms. These Terms apply to all
visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these
Terms. If you disagree with any part of the terms then you do not have permission
to access the Service.
Information provided by CephNinja is intended to be used as an
educational and reference tool to aid in productivity only and is not a
substitute for professional medical advice or treatment. While every effort has
been made to ensure the accuracy of calculations, accuracy is not guaranteed.
It is the responsibility of the user to confirm the accuracy of all its
content. The user is advised to consult additional references before making any
clinical decisions. The developer assumes no responsibility for any loss,
injury, and/or damage to persons or property arising from or related to any use
of this app or the related website.
If you are using the CephNinja app on behalf of a company, medical
practice or other legal entity, you are nevertheless individually bound by this
Agreement even if your company has a separate agreement with us. If you do want
to become a CephNinja App User, do not conclude the Agreement, do NOT access,
view, download or otherwise use any CephNinja app webpage, information or
services. By downloading CephNinja you acknowledge that you have read and
understood the terms and conditions of this Agreement and that you agree to be
bound by all of its provisions. By downloading CephNinja you also consent to
use electronic signatures and acknowledge your registration as one.
The Service and its original content, features and functionality
are and will remain the exclusive property of CephNinja and its licensors. The
Service is protected by copyright, trademark, and other laws of both the United
States and foreign countries. Our trademarks and trade dress may not be used in
connection with any product or service without the prior written consent of
Links To Other Web Sites
Our Service may contain links to third party web sites or services
that are not owned or controlled by CephNinja.
CephNinja has no control over, and assumes no responsibility for
the content, privacy policies, or practices of any third-party web sites or services.
We do not warrant the offerings of any of these entities/individuals or their
You acknowledge and agree that CephNinja shall not be responsible
or liable, directly or indirectly, for any damage or loss caused or alleged to
be caused by or in connection with use of or reliance on any such content,
goods or services available on or through any such third-party web sites or
We strongly advise you to read the terms and conditions and
privacy policies of any third-party web sites or services that you visit.
Patient Information Security and Your
CephNinja has developed the application with information security
in mind. Safeguards are made available to you through the app, which may help
you secure electronic protected health information (PHI). The privacy and
security of PHI; however, is the sole responsibility of you (the healthcare
provider/covered entity) and OneDrive.
CephNinja can be used by a HIPAA covered entity in conjunction
with OneDrive to import, send and store protected health information on
OneDrive. This application is a tool used at the sole discretion of the covered
entity. While the covered entity has access to the information it adds to
CephNinja, the application itself does not store or transmit the information.
It is all stored locally on your OneDrive or transmitted from your email or to
your printer using your own WiFi. None of CephNinja's employees, owners, agents
or contractors have any access to this information. Nor do any of CephNinja's
employees, owners, agents or contractors have any control over how the
information is used, stored or shared by the covered entity.
We may terminate or suspend your access to the Service
immediately, without prior notice or liability, under our sole discretion, for
any reason whatsoever and without limitation, including but not limited to a
breach of the Terms.
All provisions of the Terms which by their nature should survive
termination shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless CephNinja and its
licensee and licensors, and their employees, contractors, agents, officers and
directors, from and against any and all claims, damages, obligations, losses,
liabilities, costs or debt, and expenses (including but not limited to
attorney's fees), resulting from or arising out of a) your use and access of
the Service, or b) a breach of these Terms.
Limitation of Liability
In no event shall CephNinja, nor its directors, employees,
partners, agents, suppliers, or affiliates, be liable for any indirect,
incidental, special, consequential or punitive damages, including without
limitation, loss of profits, data, use, goodwill, or other intangible losses,
resulting from (i) your access to or use of or inability to access or use the
Service; (ii) any conduct or content of any third party on the Service; (iii)
any content obtained from the Service; and (iv) unauthorized access, use or
alteration of your transmissions or content, whether based on warranty,
contract, tort (including negligence) or any other legal theory, whether or not
we have been informed of the possibility of such damage, and even if a remedy set
forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is
provided on an "AS IS" and "AS AVAILABLE" basis. The
Service is provided without warranties of any kind, whether express or implied,
including, but not limited to, implied warranties of merchantability, fitness
for a particular purpose, non-infringement or course of performance.
CephNinja its subsidiaries, affiliates, and its licensors do not
warrant that a) the Service will function uninterrupted, secure or available at
any particular time or location; b) any errors or defects will be corrected; c)
the Service is free of viruses or other harmful components; or d) the results
of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain
warranties or the exclusion or limitation of liability for consequential or
incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the
laws of Washington, United States, without regard to its conflict of law
Our failure to enforce any right or provision of these Terms will
not be considered a waiver of those rights. If any provision of these Terms is
held to be invalid or unenforceable by a court, the remaining provisions of
these Terms will remain in effect. These Terms constitute the entire agreement
between us regarding our Service, and supersede and replace any prior
agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace
these Terms at any time. If a revision is material we will provide at least 30
days' notice prior to any new terms taking effect. What constitutes a material
change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions
become effective, you agree to be bound by the revised terms. If you do not
agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us.