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MyDictation is available FREE on the iPhone (iTunes) App Store
Date of Last Revision: February 15, 2010

The MyDictation site is operated by ZipChart, Inc. (collectively, "us", "we" or "the Company").

By accessing or using our web site at www.mydictation.com (the "Site" or the "Services"), you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of MyDictation.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised.

Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Site.

It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

Description of Service

The MyDictation site provides a temporary repository for recording files and document files, typically for the purpose of medical office note dictations and transcriptions.

Any files uploaded to the MyDictation site will be permanently deleted 90 (ninety) days from the date of the original upload. No record will be maintained of these files.

User accepts all responsibility for backups of any files stored on MyDictation.com.

Payment of MyDictation Monthly Fees
  1. MyDictation requires each account that used the secure server to pay a monthly service fee. MyDictation collects this monthly service fee through a recurring payment using a credit card. Please read these Terms of Use carefully and signify your agreement by clicking the "I agree to file terms" check box on the account registration page. By accepting these Terms of Use, you authorize payment to the MyDictation parent company, ZipChart, Inc. from your registered credit card.
  2. To activate your account and start online recurring charges with MyDictation you must provide us with certain information about yourself. This information includes your name, credit card number, account and invoice numbers and other personal details. We use this information to ensure that the bill payment process occurs accurately and efficiently.
  3. By clicking "I agree to file terms" check box on the account registration page, you agree that you have read and understand these online payment Terms of Use. In addition, you authorize MyDictation to charge the specified amount to the specified credit card; and you authorize the financial institution for the credit card, to charge your account and remit payment for your monthly service to MyDictation. You further agree to pay the monthly service fee for all months registered to use the MyDictation service, whether you actually use the service or not. This authorization will remain effective until cancelled by the person authorized on the MyDictation account through the "Please Cancel My Account" link only.
  4. If you wish to cancel your automatic recurring payment option, login into your MyDictation online account at http://mydictation.com. After you have logged into the site using your individual user name and password, select the "My Account" link, then click the link below your account details that states "Please Cancel My Account". There is no other valid way to cancel your account. Account is not cancelled via email. If you have difficulty logging in, or have forgotten your user name and password, please send an email to sales@mydictation.com for assistance with user name and password. This email link is NOT a valid way to cancel your account.
  5. By clicking the "I agree to file terms" check box on the account registration page, you agree that you will not issue a chargeback or dispute a charge on your credit card statement for the monthly recurring fees for MyDictation, which will appear on your credit card statement as coming from ZipChart, Inc.. If there is a question regarding a charge on your authorized credit card, agree to contact MyDictation first to check the validity of the charge.
  6. By clicking "I agree to file terms" check box on the account registration page, you agree that you have read and understand these automatic recurring payments Terms of Use. In addition you further agree that these Terms of Use may be updated or amended by MyDictation at any time. It is your responsibility to review the current Terms of Use.
Use of the Site by You
  1. In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Site, or as part of your continued use of the Site. You agree that any registration information you give to MyDictation will always be accurate, correct and up to date.
  2. You agree to use the Site only for purposes that are permitted by the Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
  3. You agree not to access (or attempt to access) any part of the Site by any means other than through the interfaces that are provided by MyDictation, unless you have been specifically allowed to do so in a separate agreement with MyDictation.
  4. You specifically agree not to access (or attempt to access) any part of the Site through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Site.
  5. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
  6. Unless you have been specifically permitted to do so in a separate agreement with MyDictation, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
  7. You agree that you are solely responsible for (and that MyDictation has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which MyDictation may suffer) of any such breach.
Mobile Services
The Site includes certain services that are available via your mobile phone, including:
  1. The ability to access MyDictation.com via a web browser on your mobile phone.
  2. The ability to upload content to the Site via your mobile phone.
  3. Even if we do not charge for the above services, your carrier's normal data transfer and other rates and fees will still apply.
  4. Not all MyDication.com services may work with all carriers or mobile devices.
  5. By using the mobile services, you agree that we may communicate with you regarding MyDictation.com by SMS, MMS, text message  or other electronic means to your mobile device and that certain information about your usage of the mobile services may be communicated to us.
User Disputes

You are solely responsible for your interactions with other users of the Site.

We reserve the right, but have no obligation, to monitor disputes between you and other users.

Acceptance of Agreement

In order to use the Site, you must first agree to the Terms. You may not use the Site if you do not accept the Terms.

You can accept the Terms by:

  1. Clicking to accept or agree to the Terms, where this option is made available to you by MyDictation in the user interface; or
  2. By actually using the Site. In this case, you understand and agree that MyDictation will treat your use of the Site as acceptance of the Terms from that point onwards.
You may not use the Services and may not accept the Terms if:
  1. You are not of legal age to form a binding contract with MyDictation; or
  2. You are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Site.
Copyrighted Material and Copyright Complaints

We prohibit users from uploading, posting or otherwise transmitting on the Site any materials that violate another party's intellectual property rights.

When we receive proper Notification of Alleged Copyright Infringement, we will promptly remove or disable access to the allegedly infringing material and terminate the accounts of infringers in accordance with the Digital Millenium Copyright Act.

If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to the ZipChart, Inc. corporate offices at 29043 North 59th Street, Cave Creek, AZ 85331, Attention: Legal Department.

Disclaimers

The Company is not responsible or liable in any manner for any User Content posted on the Site.

The Site may be temporarily unavailable from time to time for maintenance or other reasons.

The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to User content.

The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software on account of technical problems or traffic congestion on the Internet.

THE SITE IS PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE.

COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHOULD UTILIZE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT OR DATA FROM THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

Business Associates Agreement of the use of MyDictation (printable copy)
This agreement is entered into between ZipChart, Inc. an Arizona Corporation , heretofore  referred to as “ ZipChart”  and registered users of the MyDictation service a product of ZipChart, heretofore to be referred to as “our client”.
Whereas, our client will make available and /to transfer to ZipChart  protected health information, in conjunction with services that are being provided by ZipChart to our client, that is confidential and must be afforded special treatment and protection.  ZipChart will have access to and /or receive from client protected health information that can be used or disclosed only in accordance with this agreement and the HHS Privacy Rule.
ZipChart and our client agree to the following:
Definitions
The following terms shall have the meaning ascribed to them in this section. Other terms shall have the meaning ascribed to them in the context in which they first appear.

  1. Agreement shall refer to this document.
  2. ZipChart and MyDictation shall mean ZipChart, Inc.
  3. HHS Privacy Rule shall mean the Code of Federal Regulations ("CFR") Title 45,Sections 160 and 164.
  4. Individual shall mean the person who is the subject of the protected health information, as defined by 45 CFR 164.501.
  5. Protected health information shall mean any individually identifiable health information provided and/or made available by our client to ZipChart, Inc, and has the same meaning as the term "protected health information" as defined by 45 CFR 164.501.
  6. Parties shall mean ZipChart, Inc and our client.
  7. Secretary shall mean the Secretary of the Department of Health and Human Services ("HHS") and any other officer or employee of HHS to whom the authority has been delegated.

Term
The term of this agreement shall commence when our client agrees to the terms of use of the MyDictation website, or April 13, 2003 (the "Effective Date" of the HHS Privacy Rule), which ever comes first and shall expire when all of the protected health information provided by our client to ZipChart, Inc is removed from the server by our client, when the MyDictation service has been cancelled by our client, or account closed by ZipChart if there is no payment made in accordance with Terms of Use, whichever comes first.

 Return or Destruction of Protected Health Information
At termination of this agreement, ZipChart, Inc hereby agrees to destroy all protected health information received from, or created or received by ZipChart, Inc.  on behalf of our client. ZipChart, Inc agrees not to retain any copies of the protected health information after termination of this agreement. If return or destruction of the protected health information is not feasible, ZipChart, Inc agrees to extend the protections of this agreement for as long as necessary to protect the protected health information and to limit any further use or disclosure. ZipChart, Inc may elect to destroy all the protected health information when requested by client or 60 days after the last day of paid service, whichever comes first.

Limits On Use And Disclosure Established By Terms Of Agreement
ZipChart hereby agrees that it shall be prohibited from using or disclosing the protected health information provided or made available by our client for any purpose other than as expressly permitted or required by this agreement.

Stated Purposes For Which ZipChart, Inc May Use Or Disclose Protected Health Information
The parties hereby agree that ZipChart shall be permitted to use and/or disclose protected health information provided or made available from our client for the following stated purposes:

  1. To allow authorized, registered transcription persons to download dictation files.
  2. To maintain, update, or resolve problems with the MyDictation system.

Limits On Use And Further Disclosure Established By Agreement And Law
ZipChart, Inc. hereby agrees that the protected health information provided or made available by our client shall not be further used of disclosed other than as permitted or required by the agreement or as required by law.

Appropriate Safeguards
ZipChart, Inc. will establish and maintain appropriate safeguards to prevent any use or disclosure of protected health information.

Reports Of Improper Use Or Disclosure
ZipChart, Inc. hereby agrees that it shall report to our client within two (2) days of discovery any use or disclosure of protected health information not provided or allowed by this agreement.

Sanctioned Procedures
ZipChart, Inc. agrees and understands that it must develop and implement a system of sanctions for any employee, subcontractor or agent who violates this agreement or the HHS Privacy Rule.

Property Rights
The protected health information shall be and remain the property of our client. ZipChart, Inc. agrees that it acquires no title or rights to the protected health information, including any
de-identified protected health information, as a result of this agreement.

Governing Law
This agreement shall be governed by the state of Arizona.

Injunctive Relief
Notwithstanding any rights or remedies provided for in this agreement, our client retains all rights to seek injunctive relief to prevent or stop the unauthorized use or disclosure of protected health information by ZipChart, Inc. or any agent, contractor or third party that received protected health information from ZipChart, Inc.

Binding Nature and Assignment
This agreement shall be binding on the Parties hereto and their successors and assignees, but neither Party may assign this agreement without the prior written consent of the other, whose consent shall not be unreasonably withheld.

Notices
Whenever, under this agreement one Party is required to give notice to the other, such notice shall be deemed given if mailed by First Class United States mail, postage prepaid, and addressed as follows:
ZipChart, Inc
29043 N 59th Street
Cave Creek, Arizona 85331
Either Party may at any time change its address for notification purposes by mailing a notice stating the change and setting forth the new address.

Force Majeure
ZipChart, Inc shall be excused from performance under this agreement for any period ZipChart, Inc is prevented from performing any services pursuant hereto, in whole or in part, as a result of an Act of God, war, civil disturbance, court order, labor dispute, or other cause beyond its reasonable control, and such nonperformance shall not be grounds for termination.

Entire Agreement
This agreement consists of this document, and constitutes the entire agreement between the Parties. There are no understandings or agreements related to this agreement which are not fully expressed in this agreement and no change, waiver or discharge or obligations arising under this agreement shall be valid unless in writing or executed by the Party against whom such change, waiver or discharge is sought to be enforced.

 
 
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