Trapeze Secure FTP Server - Terms and Agreement
WARNING: This Secure File Transfer Protocol (SFTP) site ("FTP Site") is the property of Modaxo Inc., Trapeze Software Group Inc. and Trapeze Software ULC (collectively the above corporations and the operating divisions shall be referred to as the "Company").
Access to the FTP Site and accompanying computer systems is forbidden without the express consent of the Company. The files on the FTP Site contains confidential, copyrighted, and/or proprietary information belonging to the Company or its clients. The information on the FTP Site and the attached files are intended for use only by authorized individuals and/or customers of the Company ("Customer(s)").
Customer(s) of the Company must ensure that all SQL and Oracle database files containing any electronic health information (as defined under applicable law, including the U.S. Health Insurance Portability and Accountability Act and its regulations) ("ePHI") are placed ONLY in the applicable database folder specifically set up for such Customer(s) (example: Customer name-DB). By using the FTP Site, Customer(s) assumes all liability related to the collection, use, disclosure, and transfer of such information to the Company, including any and all liability for infringement of intellectual property and privacy rights. Unauthorized access, disclosure, copying or distribution of any information contained on this FTP Site or in the attached files is strictly prohibited, and violators will be prosecuted to the fullest extent of the law.
By using this site, Customer(s) represents and warrants to Company that:
- You are in compliance with all applicable federal, state, provincial and local laws applicable to the collection, use, disclosure, and transfer of the information and files shared on this FTP Site;
- You accept, and agree to comply with and be bound by these terms each time you access or use the FTP Site;
- You have full and unrestricted capacity and legal right to enter into these terms of use for this FTP Site.
Company reserves the right to monitor and record your use of this FTP Site. Any misuse of this FTP Site or breach of these terms of use shall be grounds for immediate termination of your access and right to use this FTP Site.
DISCLAIMER: THE COMPANY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND (STATUTORY OF OTHERWISE) RELATED TO THE USE OF THIS FTP SITE AND ANY INFORMATION OR DATA UPLOADED, TRANSMITTED, OR UPLOADED AND TRANSMITTED, THROUGH THIS FTP SITE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR CONTINUOUS OPERATION. THE FTP SITE IS PROVIDED FOR USE BY CUSTOMER(S) "AS IS" AND "WHERE IS" AND COMPANY DISCLAIMS ALL WARRANTIES AND RESPONSIBILITY RELATED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THIS FTP SITE. YOU ACKNOWLEDGE THAT ANY DATA OR INFORMATION DOWNLOADED, TRANSMITTED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THIS FTP SITE IS AT YOUR SOLE RISK AND DISCRETION. COMPANY WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO YOU, YOUR DATA OR PROPERTY.
IN NO EVENT WILL COMPANY OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST INFORMATION) ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS FTP SITE, EVEN IF TRAPEZE AND ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES OR CLAIMS OF DAMAGES ARE BASED IN CONTRACT, TORT OR OTHERWISE.
