TALKPATH LIVE provides internet speech language pathology resources to connect individuals with participating licensed speech language pathology practitioners (the “Providers”) in real time, via live streaming video, telephone and/or secure e-mail for the diagnosis and treatment of clients over the Internet, as well as providing other types of administrative services and information (“Services”).All of the participating Providers have independently contracted to be in the network operated by Lingraphicare America, Inc.
TALKPATH LIVE operates subject to state regulations; services may not be available in your state.
Account Enrollment, Eligibility and Security
Fraud Prevention and Security
Lingraphicare America, Inc. may contact you by telephone, mail or email to verify your TALKPATH LIVE Account information. Lingraphicare America, Inc. may request further information from you and you agree to provide such further information to ensure you have not fraudulently created your Account. If you do not provide this information in the manner requested within 14 days of the request, Lingraphicare America, Inc. reserves the right to suspend, discontinue or deny your access to and use of the Site and Services, until the information is provided by Customer to TALKPATH LIVE as requested.
Information Provided by You
As part of the signing up process, you are required to provide us certain personal and medical information. Additionally, it is your responsibility to update TALKPATH LIVE as promptly as possible with changes to your personal and/or medical information so that all records are current, complete and accurate. You are obliged to provide us the following information:
- Changes in e-mail address
- Change of address
- Change of phone number
- Change of ownership of account
- Change of credit card number
- Change of credit card expiration date
Information Resources (Opt-IN)
By subscribing to TALKPATH LIVE’s services you are agreeing to opt-in to the receipt of newsletters and other information from Lingraphicare America, Inc., links to other related Web sites and specific questions related to your TALKPATH LIVE Record. Additionally, Lingraphicare America, Inc. makes available self-care informational services that provide general medical and health information. These communications and resources are not comprehensive medical text and do not include all the potential information regarding the subject matter. These communications and resources are for general educational and informational purposes only, and should not be relied upon as a substitute for patient-specific advice, medical diagnosis and treatment or construed, directly or indirectly, as the practice of medicine or dispensing of medical services by Lingraphicare America, Inc. Such information is not a substitute for seeing an appropriate healthcare professional for medical treatment, emergency medical services or urgent care. The information contained these communications and resources are compiled from a variety of sources and may or may not be considered authored by Lingraphicare America, Inc. Lingraphicare America, Inc. makes no warranty as to the content of these materials or the information contained therein, or represents or warrants that any particular drug or treatment is safe, appropriate or effective for you.If you do not wish to receive such communications, you may opt-out at any time by contacting Customer Services.
Limitations on Use
You will not use the Site or Services in any unlawful way and/or for any unlawful purpose. You will not post or transmit a message under a false name, or use the network resources of TALKPATH LIVE to impersonate another person or misrepresent authorization to act on behalf of others or TALKPATH LIVE. All messages transmitted via TALKPATH LIVE should correctly identify the sender. You may not alter the attribution of origin in electronic mail messages or posting. You will not allow another person or entity to use their account, username or password to access or use the Services, or post or view comments. You will not attempt to undermine the security or integrity of computing systems or networks of Lingraphicare America, Inc. its Partners, or those accessed through or with their product, and must not attempt to gain unauthorized access. You may not harvest or collect PHI about any other individual who uses the Service. You may not post or transmit any data, materials, content or information which is threatening, false, misleading, abusive, libelous, pornographic or profane, or that contains or promotes any virus, worm, Trojan horse, time bomb or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Services. You may not tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security or proper function of the Site or the Services. You will not use robots or scripts with the Site. You will not attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code, or information on or received by this Site. You agree to have anti-virus and/or anti-spyware software running that is set to override the Internet browser’s cookie setting.
You further agree that any information you provide or use on the Site, and your use of the Site or Services will not infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties.
Lingraphicare America, Inc. maintains the right to delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, and obscene or in violation of a copyright, trademark or other intellectual property or ownership right of any other person.
Lingraphicare America, Inc. reserves complete and sole discretion with respect to the operation of the TALKPATH LIVE Services. Lingraphicare America, Inc. may, among other things withdraw, suspend or discontinue any functionality or feature of the TALKPATH LIVE Services. Lingraphicare America, Inc. is not responsible for transmission errors or corruption or compromise of information carried over local or interchange telecommunications carriers. Lingraphicare America, Inc. is not responsible for maintaining information arising from use of the Site or in respect of the Services. Lingraphicare America, Inc. reserves the right to maintain, delete or destroy all communications and information posted or uploaded to the Services in accordance with its internal record retention and/or destruction policies.
Temporary Use License Granted
With the exception of your Medical Records, Lingraphicare America, Inc. retains all right, title and interest in and to TALKPATH LIVE, the Services and any Information, products, documentation, software or other materials on the Site, and any patent, copyright, trade secret, trademark, service mark or other intellectual property or proprietary right in any of the foregoing, except for Information on the Site licensed by TALKPATH LIVE, and in that case, the license provider retains all right, title and interest therein. The information available through the Site and the Services is the property of Lingraphicare America, Inc., or if licensed by Lingraphicare America, Inc., the license provider.
You agree that you will not store, copy, modify, rent, lease, loan, sell, distribute, transfer, transmit, display, reverse engineer, reverse assemble, or otherwise attempt to discover any programming code or any source code used in or with the Services. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Services (which includes its software and documentation), create derivative works based on or in any manner commercially exploit the Services, in whole or in part. You agree that violations by you, any other person or entity, of these copyrights, trade secrets, patents, other intellectual property protections, or the terms of this Agreement will be prosecuted to the fullest extent of the Law in the federal and state courts located in Florida. The final choice of whether a customer is in violation of any of these policies is at the sole discretion of Lingraphicare America, Inc. Nothing contained on the Site should be construed as granting, by implication, estoppels, waiver or otherwise, any license or right to use any trademarks, service marks or logos displayed on the Site without the written grant thereof by Lingraphicare America, Inc. or the third party owner of such trademarks, service marks and logos. The Site may contain other proprietary notices and copyright information, the terms of which you must and agree to follow.
The Services are designed for and intended for users in the United States. Lingraphicare America, Inc. makes no representation that the information and services provided on the Site or through the Services are applicable to, appropriate for, or available outside the United States. Accessing the Services from territories where the content is illegal is prohibited.
Legal Notices and Disclaimers
Medical Disclaimers: Lingraphicare America, Inc. makes no representation or warranty as to the content of any treatment response from any Provider. Providers are independent contractors and not employees of Lingraphicare America, Inc.You and your Provider are solely responsible for all information and/or communication sent during a video/telephone/email consultation or other communication. TALKPATH LIVE does not guarantee that a video/telephone/consultation is the appropriate course of treatment for your particular health care problem. Furthermore, TALKPATH LIVE is not a substitute for you primary care. You agree to contact your physician immediately should your condition change or your symptoms worsen. If you require urgent care, you should contact your local emergency services immediately.
Content Disclaimers: No information found on this Site should be relied on as medical advice. Nothing contained in this Site should be construed, directly or indirectly, as the practice of medicine or providing medical services by Lingraphicare America, Inc. Lingraphicare America, Inc. makes no warranties or representations as to the accuracy of the information provided on the Site, and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information and material on the Site. You assume the entire risk of loss in using the Site and information contained in the Site.
YOU ACKNOWLEDGE THAT YOUR USE OF THE TALKPATH LIVE SERVICES IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. ALL INFORMATION, PRODUCTS OR SERVICES CONTAINED ON OR PROVIDED THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW LINGRAPHICARE AMERICA, INC. AND ITS SHAREHOLDERS, AFFILIATES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES OR OTHER REPRESENTATIVES (COLLECTIVELY, “AFFILIATES”) HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS STRAINS. WITHOUT LIMITING THE FOREGOING, TALKPATH LIVE AND ITS AFFILIATES MAKE NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE TALKPATH LIVE PRODUCTS AND SERVICES PROVIDED HEREUNDER. LINGRAPHICARE AMERICA, INC. MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT: THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS; OR ANY TREATMENT, ACTION OR APPLICATION OR PREPARATION OF MEDICATION BASED ON INFORMATION OFFERED OR PROVIDED THROUGH THE TALKPATH LIVE SERVICES.
Lingraphicare America, Inc. does not endorse the promotions, products, or services of any third parties. Lingraphicare America, Inc. does not warrant or validate the information of any third party advertisements, promotions, communications or other materials. Lingraphicare America, Inc. does not assume any responsibility or liability for the accuracy of information contained in this Site or any third party web sites.
Service Reliability and Warranties
Lingraphicare America, Inc. makes no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, 100% secure, or error free, or that defects, if any, will be corrected. This includes loss of data resulting from delays, and any service interruption caused by Lingraphicare America, Inc. employees. Lingraphicare America, Inc. is not responsible for transmission errors or corruption or compromise of data carried over local or interchange telecommunication carriers.
Lingraphicare America, Inc. will take all necessary precautions to protect against failure of our equipment and software. The Customer acknowledges and agrees that temporary interruptions in service may occur, and that Lingraphicare America, Inc. shall have no liability for any claim, cost, charge, loss or expense arising from or relating to use of the Services. The Customer acknowledges and agrees that data may be lost or corrupted in connection with use of the Services. Lingraphicare America, Inc. may perform regular back-ups of all data stored, but shall have no liability to Customer in the event all data is lost or destroyed. Customer acknowledges and agrees that in the event restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of the Services.
Limitation of Liability
EXCEPT AS PROHIBITED BY LAW, AND WITHOUT LIMITATION:
LINGRAPHICARE AMERICA, INC. SHALL NOT BE LIABLE FOR THE ACTS OR OMMISSIONS OF ANY OF THE INDEPENDENT PROVIDERS.
YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO TALKPATH LIVE AND ITS SERVICES OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SERVICES CAUSED BY YOU OR ANY PERSON USING YOUR USER NAME OR PASSWORD. LINGRAPHICARE AMERICA, INC. DOES NOT ASSUME ANY LIABILITY ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR MISUSE OF ANY OF THE ADVICE, IDEAS, INFORAMTION, INSTRUCTIONS, OR GUIDELIENES ACCESSED THROUGH THE SERVICES.
IN NO EVENT SHALL LINGRAPHICARE AMERICA, INC. NOR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF (i) THE MONTHLY OR ANNUAL SUBSCRIPTION RATE PAID UNDER YOUR PLAN, OR (ii) THE AMOUNT OF SESSIONS YOU PRE-PURCHASED (iiI) IN THE EVENT NO PURCHASE PRICE WAS PAID OR REQUIRED, THE LIQUIDATED SUM OF $50.00. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LINGRAPHICARE AMERICA, INC. NOR ANY OF ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTIAL OR CONSEQUENTIAL DAMAGES, THAT RESULT FROM (i) PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE OR LOSS OF DATA, OR (ii) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATON OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRCUTION OR UNAUTHORIZED ACCESS TO TALKPATH LIVE RECORDS, PROGRAMS OR SERVICES, AND WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS SITE OR ANY SERVICE OFFERED THROUGH THIS SITE OR ANY MATERIAL OR INFORMATION CONTAINED IN, ACCESSED THROUGH, OR PRODUCTS PURCHASED ON THIS WEB SITE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF TALKPATH LIVE IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME. TO THE EXTENT CERTAIN JURSIDICTIONS RESTRICT ANY OF THE ABOVE LIMITATIONS OF LIABILITY; SUCH LIMITATIONS SHALL NOT APPLY IN SUCH JURISDICTIONS TO THE EXTENT OF SUCH RESTRICTIONS. YOU ACKNOWLEDGE AND AGREE THAT LINGRAPHICARE AMERICA, INC’S AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES, AND IN CIRCUMSTANCES WHERE THE FOREGOING LIMITATION IS FINALLY DETERMINED TO BE UNAVAILABLE SHALL NOT EXCEED THE SUBSCRIPTION PRICE PAID BY YOU PRIOR TO THE FIRST OCCURRENCE OF THE SUBJECT DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES.
YOU AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
Third Party Protection
The Indemnification and Disclaimers provisions set forth above are for the benefit of Lingraphicare America, Inc, and its Affiliates. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
Termination and Survival
Fees and Applicable Charges
We understand that there are times when you must miss a session due to emergencies or obligations for work or family. However, when you do not call to cancel a session, you may be preventing another patient from getting much needed treatment. Conversely, the situation may arise where another patient fails to cancel and we are unable to schedule you for a session, due to a seemingly “full” appointment book.
TalkPath Live reserves the right to charge you 50 percent (50%) of the fee for your scheduled session if it is not cancelled with at least 24 hours notice.
Notwithstanding anything herein to the contrary, Lingraphicare America, Inc. shall not be liable for any losses arising out of the delay or interruption of its performances of any obligations due to any act of God, act of governmental authority, act of public enemy, war, severe weather conditions, or any other cause beyond its control.
No Third Party Rights
Privacy Notice Effective: March 2014
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
In the course of providing services or products to you, it is necessary for us to obtain personal medical or other relevant information about you. Government regulations define how this information may be used or disclosed to others. Lingraphica is required by law to maintain the privacy of protected health information and to provide individuals with notice of its legal duties and privacy practices with respect to protected health information. This notice describes how information which you provide may be used. We are required to abide by the terms of this notice. Lingraphica reserves the right to change the terms of its notice and to make the new notice provisions effective for all protected health information that we maintain, regardless of when it was created or received. If there is a change in the way that your information will be used, we are responsible to notify you of the change. Such notification may be made by mail, electronic communication, or other form of communication directed to you. We will also post the current notice on our website.
- Lingraphica must provide to you notice of our privacy practices to use or disclose medical information as described below. You will be asked to sign and date an acknowledgement of this notice. You may request restrictions on how your medical information will be used or disclosed. Lingraphica may or may not agree with your requested restriction. But if we agree to your requested restriction, we must honor your request.
- Upon providing Privacy Notice, Lingraphica is permitted to use and disclose your health information as summarized below:
- Your information may be disclosed to you.
- Your information may be disclosed to your personal representative or to your parent or guardian if you are a minor.
- Your information may be used or disclosed for the purposes of providing medical treatment, receivingpayment for services provided and for administration of healthcare operations related to your care. Examples of such disclosures for treatment purposes include use of your health information by primary and consulting physicians, X-ray or other diagnostic lab tests, and nursing care.
Examples of disclosure for healthcare operations may include disclosure to a pharmacy for prescriptions.
Examples of disclosure for payment may include patient billing and insurance claim processing.
- Information may be used or disclosed pursuant to an agreement with you in compliance with any current or prior written authorization.
- Your information may be used or disclosed without your consent if consent is not required. Examples of such instances include emergency treatment, or instances when we are required by law to provide treatment, or in
situations where there is an inability to communicate, or where there is an indirect treatment relationship, or if information is created for the treatment of an inmate of a correction facility.
- Information may be used or disclosed for non-medical purposes pursuant to and in compliance with your written privacy authorization.
- Information may be used or disclosed in the reporting of a crime.
- Lingraphica is required to disclose protected health information as summarized below:
- To you upon your request.
- To the Secretary of Health and Human Services when required to investigate compliance with government regulations
- When required by law or legal process
- When using or disclosing your medical information to others, we will try to de-identify personal information when possible, and we will make a reasonable effort to limit disclosure to the minimum degree necessary for the purpose of the disclosure.
- We are required by law to notify you in the case of a breach of your unsecured (not encrypted or masked by some technology) protected health information when it has been or is reasonably believed to have been accessed, acquired, or disclosed as a result of a breach.
- Lingraphica must obtain your written authorization to use or disclose medical information for any other use or disclosure not set forth in this notice. Written authorization is a separate form which you must sign and date.
The authorization must identify the person or entity making the disclosure, identify the person or entity receiving the disclosure, describe the purpose for the disclosure, the nature of the information being disclosed, and the expiration date of the disclosure. You have the right to refuse to sign the authorization and you have the right to revoke an authorization. You may request to inspect or to copy the information being disclosed, and you may request to receive a copy of the authorization. You must recognize that any information provided to others through the authorization may not be subject to privacy protections. When your authorization is provided, we must use or disclose your information in a manner that complies with your authorization. We may not condition the provision of treatment, products or services on your authorization. Upon receiving your authorization, Lingraphica is permitted to use and disclose your health information as summarized below:
- Your authorization is required for any use or disclosure of psychotherapy notes.
- Your authorization is required for any non-medical use or disclosure of your health information or for reasons not related to carrying out treatment, payment or healthcare operations. An example of such disclosure is for marketing purposes.
III. Lingraphica may use or disclose certain information without consent or authorization provided that you are informed in advance and given an opportunity to agree or object to such use or disclosure of health information in the circumstances described below:
- We may use or disclose your information in emergency circumstances if we believe it is in the best interest for your treatment or care, and such disclosure is consistent with any prior expressed preference.
- We may disclose information to your family members involved in your care.
- We may disclose information to your next of kin.
- In providing treatment or services to you when you are present and have the capacity to make a sound decision, we may request your consent or provide an opportunity to object to certain use or disclosure of information, or if we reasonably infer from the circumstances that you do not object to the disclosure.
- In providing treatment or services to you when you are not present or do not have the capacity to make a sound decision, we may make a decision to use or disclose information which we feel is in your best interest to an authorized public or private entity.
- In providing treatment or services to you when you are not present or do not have the capacity to make a sound decision, we may make a decision to use or disclose information to an authorized public or private entity when such disclosure is necessary for disaster relief.
- Lingraphica may use or disclose certain information without consent or authorization or opportunity to agree or object, as described below:
- We may use or disclose information as required by law.
- We may use or disclose information as required for public health purposes including disclosure subject to the following requirements:
– report of child abuse
– jurisdiction of Food and Drug Administration
– exposure to communicable disease
– to employer for a job-related accident report or exam, if Lingraphica has been requested by the employer to provide you with healthcare.
– information about victims of abuse neglect or violence
– such disclosures are made to the extent required by law, but you will be notified of such disclosures.
- We may disclose information for health agency oversight purposes such as accrediting, auditing or inspections.
- We may disclose information in the course of judicial or administrative proceedings in response to a court order or subpoena or other lawful process.
- We may disclose information to law enforcement officials for law enforcement purposes or for reporting a victim of crime.
- We may use or disclose information when necessary to avert a serious threat to health or safety.
- We may use or disclose information on military personnel to the respective military command structure or in cases of national security.
- Lingraphica may use or disclose your health information which is unique to our organization.
- If we engage in any of the activities checked below, we may use or disclose your health information in the manner described:
- We may contact you to provide appointment reminders or information about treatment alternatives or other health-related benefits and services.
- We may contact you to raise funds on behalf of our organization.
- We may disclose information to the sponsor of the health plan, or health insurance issuer or HMO.
- You have the following individual rights with respect to privacy of protected health information.
You have the right to:
- request restrictions on certain uses and disclosures of protected health information, but Lingraphica is not required to agree to a requested restriction
- grant and revoke authorization for certain non-medical uses and disclosures of protected health information
- receive confidential communications of protected health information
- inspect and copy protected health information
- amend protected health information
- get a list of those with whom we’ve shared your information six years back
- receive a paper copy of this Privacy Notice, even if you have already agreed to receive this notice
- file a complaint with us or the Secretary of the U.S. Department of Health and Human Services if you believe that your privacy rights were violated.
In the event that you have a complaint about our handling of your private information, you may contact our Privacy Officer at 609-275-7336 (direct and confidential telephone line). You may also contact the government: Secretary of the U.S. Department of Health and Human Services, 200 Independence Ave., Washington, D.C. 20201. You will not be retaliated against in any way as a result of filing a complaint.
Governing Law, Jurisdiction, and Venue
Waiver of Jury Trial
Spam and Compliance with Anti-Spamming Laws
Lingraphicare America, Inc. has a strict zero tolerance for unsolicited bulk email, unsolicited posting to news groups or other illegal activities. You shall not use or permit any your employees, agents or affiliates to: market, promote or solicit TALKPATH LIVE products in ways that violate the federal CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing) or any other laws of the United States. You shall not, infringe the rights of others, shall not distribute chain letters or unsolicited bulk electronic mail (“spamming”); propagate computer worms or viruses; use a false identity; attempt to gain unauthorized entry to any site or network; infringe copyrights, trademarks, or other intellectual property rights. You further agree to comply with U.S. export laws concerning the transmission of technical data and other regulated materials via the Worldwide Web. You agrees to indemnify and hold TALKPATH LIVE and its Affiliates harmless for any and all acts found or suspected to be in violation hereof. You shall indemnify and hold Lingraphicare America, Inc. and its Affiliates harmless against and from losses, damages, costs, and reasonable attorneys’ fees, if any, incurred in defending and/or resolving any suits brought against Lingraphicare America, Inc. or any of its Affiliates, by anyone arising out of an alleged violation of any anti-spamming rules, regulations, laws, statutes, and the like. Your account will be terminated for any of the above infractions.
Lingraphicare America, Inc. may provide notice by e-mail to the e-mail address you provided during the registration, by a general notice on the TALKPATH LIVE Web site, or by written communication delivered by first class U. S. mail or express courier to your address on record in the TALKPATH LIVE account information. You may give notice to Lingraphicare America, Inc. at any time via electronic mail to email@example.com or by letter delivered by first class postage prepaid U. S. mail or overnight courier to Lingrahicare America, Inc., 103 Carnegie Center, Suite 104, Princeton, NJ 08540, Attn: Customer Service.
Comments, Suggestions and Submissions
Lingraphicare America, Inc. welcomes comments, suggestions and submissions by its Customers. Any comments, suggestions and submissions made by Customers, including but not limited to, messages, notes, feedback, artwork, communications, computer code or creative materials provided to Lingraphicare America, Inc. shall become the exclusive property of Lingraphicare America, Inc. At the time the comment, suggestion, and/or submission is made it shall act as a full assignment to Lingraphicare America, Inc. of all rights whatsoever (copyright, patentability, and intellectual property). Lingraphicare America, Inc. shall have the right to use said comment, suggestion, and/or submission as its own for all legal purposes including but not limited to reproduction, disclosure, publishing, distribution and the like without any compensation to Customer. This section shall not include any personal information submitted by Customer that would be included as part of the Health Information Portability and Accountability Act of 1996. Please submit comments and suggestions to Customer Service at the address or email provided in the Notice Section above.