Terms of Use

TERMS OF USE



Notice



Please note that your access to and any use you make of this site or the information, services, or other sites available through this site are governed by (1) this Terms of Use, (2) Communication Policy (https://www.ottohealth.com/communication-policy) and (3) our Privacy Policy (https://www.nextgen.com/legal-notice.)

 

Terms of Use



NextGen Healthcare  (“NextGen Healthcare”, “we” or “us” or “our”) provides technology to the healthcare industry including but not limited to web-based resources to connect individuals with participating physicians to obtain non-emergency, general medical services, including prescriptions through our website at nextgen.com (together, with all subpages and related mobile applications, the “Site”).



By accessing and using the Site, you agree to follow and be bound by the following terms and conditions concerning your use of the Site (the “Terms of Use”) and acknowledge and accept our Privacy Policy and Communication Policy - both as identified above.



NextGen Healthcare reserves the right to modify, remove, or suspend access to any portion of the Site or the Service (as defined below) at any time, with or without notice to you.



IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU SHOULD NOT ACCESS THE SITE.



1. DEFINED TERMS



“Comment” or “Comments” or “Feedback” means ideas or suggestions submitted by You for the Site, Site content, or Service, including but not limited to items concerning the functionality and performance of the Site, Site content or Service, and/or the identification of potential errors and improvements



“Content” or “Your Content” means any information, documents, content, comments, suggestions, or ideas uploaded by you, as a Patient User including personal and/or medical information, diagnosis, or lab results. 



“Information” means any information, materials, text, image, mark, logo, compilation, document, media, data, publication, or other content authored or produced by NextGen Healthcare and displayed on the Site, excluding any Content uploaded by a Patient User.



“Patient” or “Patient User” or “You” means Users who seek services utilizing the Site.



“Provider” or “Provider User” means Scheduled End Users who are medical and healthcare professionals authorized to provide services utilizing the Site.



“Service” or “Services” means the technological offerings, tools, systems, accounts, or automated workflows that NextGen Healthcare from time to time provides to its Patient Users and Provider Users.



“User” or “Users” means persons who access the Site as a means to view, evaluate, or use any of the Services, regardless of whether such User or Users are NextGen Healthcare customers, prospective customers, or other persons who receive access to the Services. Users may be subject to additional terms and conditions and may be required to indicate individually their acknowledgment of, and agreement to, those additional terms and conditions.



2. ACCESS TO AND USE OF THE SERVICES



YOUR REGISTRATION OBLIGATIONS



In order to access and use the Service, you will be required to register with NextGen Healthcare. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Please review our Privacy Policy and Communication Policy for further information on how we use and store your information. If you are a person under 18 years of age, you may not use our Site or Services.



MEMBER ACCOUNT, PASSWORD AND SECURITY



You are responsible for maintaining the confidentiality of your account information (including password) and are fully responsible for any and all activities that occur utilizing your account information. You further agree to immediately notify NextGen Healthcare of any unauthorized use of your password, changes to your account or any other breach of security. You agree to log out of your account at the end of each session when accessing the Service. NextGen Healthcare will not be liable for any loss or damage arising from your failure to comply with this paragraph.



MODIFICATIONS TO THE SERVICE



NextGen Healthcare reserves the right to modify or discontinue (temporarily or permanently) the Site and/or Service (or any part thereof) at any time. You agree that NextGen Healthcare will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service and/or Site.



GENERAL PRACTICES REGARDING USE OF THE SERVICE AND STORAGE OF CONTENT



You acknowledge that NextGen Healthcare may establish general practices and limits concerning use of the Site and Service and the storage of Content, including without limitation, the maximum period of time that personal health and medical information, symptoms, complaints, allergies, prescription history, and other data, files, or other information or content is retained by the Service and the maximum storage space that will be allotted on NextGen Healthcare’s servers on your behalf. NextGen Healthcare may be required (by law or otherwise) to keep this information and not delete it or to keep this information for a certain period of time. When we delete Content, it may be deleted from the active database, but it may remain in our archives and we may also retain information about your use of our Service. To the extent any Content is disclosed to third parties, such as Provider Users, we may not be able to access that Content and cannot force the deletion or modification of such Content by the parties in possession of such Content. You agree that NextGen Healthcare has no responsibility or liability for the deletion or failure to store any data or other content maintained or posted to the Service and/or Site.



You acknowledge that NextGen Healthcare reserves the right to disable or terminate accounts that are inactive for an extended period of time, as determined in its sole discretion, without notice. You further acknowledge that NextGen Healthcare reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.



3. CONDITIONS OF USE



NOT A SUBSTITUTE FOR PRIMARY CARE, NOT A SUBSTITUTE FOR EMERGENCY SERVICES



These telehealth services should never be used as a substitute for emergency care. NextGen Healthcare is NOT a medical entity but rather the developer and seller of technology to the healthcare industry.

 

If you have a medical emergency, you should seek emergency treatment at the nearest emergency room or dial 911.



You represent and warrant that you have a primary care physician. You acknowledge and understand that Provider Users are only providing limited, non-emergency services and are not a substitute for seeking the advice of your primary care physician or other qualified healthcare professional. You acknowledge and understand that you should never delay seeking treatment from your primary care physician or other qualified healthcare professional if advised by a Provider User.



HEALTH INSURANCE PORTABILITY & ACCOUNTABILITY ACT



You understand and agree that your personally identifiable health-related Content provided to NextGen Healthcare by you or Provider Users is subject to or protected by the Health Insurance Portability & Accountability Act (“HIPAA”). NextGen Healthcare will maintain the privacy of your Content as required by HIPAA. Any Provider to whom you first obtain access through the Services will require you to review and acknowledge their HIPAA Notice of Privacy Practices. NextGen Healthcare will forward such Provider’s Notice of Privacy Practices to you as a courtesy to the Provider, and you must acknowledge receipt of the Notice of Privacy Practices in order to receive the Services or access the Provider. We encourage you to review our Privacy Policy and Communication Policy, which provides additional information on how NextGen Healthcare may use your Content.



NO GUARANTEE OF INSURANCE COVERAGE



NextGen Healthcare does not warrant or guarantee that the cost of any medical services provided utilizing any NextGen® Product or Service will be eligible to be covered by or paid for through any medical or other healthcare insurance coverage or program, including, but not limited to, tax-advantaged medical savings accounts.



YOUR CONTENT



While visiting a Site or using the Service, you may upload, transmit, or otherwise convey to us Content. You are solely responsible for all of Your Content. You should not transmit or share it with us if you do not have permission to do so. You are responsible for creating backup copies of Your Content. You agree that by providing us with Your Content, you:



  • Permit us to use Your Content as necessary for you to utilize our Services, including disclosure of Your Content to Provider Users and/or payers you designate; and
  • Represent to us that you have the full authority and right to post Your Content, and that your posting of Your Content, does not infringe any third party intellectual property rights, nor violate any rights of privacy or publicity, is not defamatory, libelous or obscene, does not violate any other right, privilege or interest of any third party.



THIRD PARTY CONTENT AND LINKS TO OTHER SITES



The Site and Content uploaded to the Site by Provider Users may contain links to third-party websites and to content provided by other Provider Users. Any such sites or content are not under our control and we are not responsible for them. We provide these links and content as a convenience only. There is no implied endorsement of, sponsorship of, or affiliation with the linked site by NextGen Healthcare.



IDEAS, SUGGESTIONS, AND COMMENTS



In the event you submit Comments, those Comments will be deemed, and will remain, the sole property of NextGen Healthcare. None of the Comments will be subject to any obligation of confidence on the part of NextGen Healthcare, and NextGen Healthcare will not be liable for any use or disclosure of any Comments. Without limiting the foregoing, NextGen Healthcare will be entitled to unrestricted use and other exploitation of the Comments for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to you or any third party.



PATIENT USER CONDUCT



No Patient User may:


  1. Submit, post, upload to, distribute or otherwise use, any Content (i) in violation of, or in connection with, any violation of any local, state, national or international laws; (ii) that is libelous, defamatory, threatening, abusive, scandalous, obscene or pornographic; (iii) that contains advertising or promotional material or constitutes commercial activity of any sort or, in the sole discretion of NextGen Healthcare, constitutes “spam;” (iv) that infringes any copyright or violates any property rights, rights of privacy or publicity, or any other rights of any third party; (v) that contains any statement, formula, direction, recipe, prescription or other matter that involves a reasonably foreseeable risk of injury, loss or damage to the material’s readers or others; or (vi) that contains any software viruses or any other code, file or program that is designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;                                                                     
  2. Impersonate any person or entity, or forge or manipulate headers to disguise the origin of any of Content;                                         
  3. Except as otherwise permitted by these Terms of Use, harvest or otherwise collect information about others, including email addresses, without their consent; or       
  4. Engage in any other conduct that interferes with the Site, Information, or Service or that restricts or inhibits any other person from using or enjoying the same, or which, in NextGen Healthcare’s sole judgment, exposes NextGen Healthcare or any of its officers, directors, employees, contractors, or agents to any liability or detriment of any type.


NextGen Healthcare reserves the right to analyze any of Your Content in order to investigate any allegation that it does not conform to these Terms of Use. In NextGen Healthcare’s sole discretion, we may delete Your Content from the Site if we in good faith believe that Your Content violates these Terms of Use.



NextGen Healthcare shall have no liability or responsibility to any User or any other person or entity for performance or nonperformance of the aforementioned activities.



4. TERMS BETWEEN USERS



NextGen Healthcare enables Patient and Provider Users with appropriate permissions to communicate with each other with respect to medical or other health-related conditions and to provide or receive consultations, advice, treatment, or prescriptions.



PHYSICIAN-PATIENT RELATIONSHIP



The use by you of any Service, Content, or Information, or your access to any Site does not constitute the receipt of medical or healthcare advice or services from NextGen Healthcare and no physician-patient relationship with NextGen Healthcare or any of its employees, officers, contractors, subsidiaries or agents is created or implied by you accessing or using any Service.



You understand and agree that charges for Services rendered utilizing the Site are determined by your Provider User and/ or insurance coverage, if applicable; and, when possible NextGen Healthcare will endeavor to notify you of the charge for Services in advance of the Services being provided.



The Information, other than this Terms of Use, the Privacy Policy and Communication Policy, provided on the Site is provided purely for informational purposes.



PATIENT USERS SHOULD ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER BEFORE STARTING, STOPPING, OR MODIFYING ANY TREATMENT OR MEDICATION.



CONFLICTS BETWEEN USERS



You agree you are solely responsible for your interactions with any other User in connection with the Service. NextGen Healthcare will have no liability or responsibility with respect thereto. NextGen Healthcare has no obligation to become involved in any way with disputes between you and any other User of the Service.



5. BILLING AND PAYMENT



NextGen Healthcare charges a service fee for use of the Site which is paid by the Provider User and/or your insurance coverage. In addition, you may be charged a fee for the medical services you receive through the Site by the Provider User. NextGen Healthcare collects this fee (or an insurance co-pay, if applicable) on behalf of the Provider User. This feature is provided as a convenience only. Any services provided by your Provider and applicable fees for such services are solely between you and your Provider. Access to such feature is provided by our third-party service provider and NextGen Healthcare is not responsible for any failure, unavailability, inaccuracy or any other issue with such third-party payment service. You may be required to provide NextGen Healthcare’s third party payment processor information regarding your credit card, Pay Pal information or other payment instrument for purposes of facilitating payment to the Provider User. You represent and warrant to NextGen Healthcare that any payment information you provide is true and that you are authorized to use the payment instrument. You agree to promptly update your account information with any changes in your information. If you dispute any charged fees, you should contact your Provider User.



If any Services or payments for any Services are subject to sales tax in any jurisdiction, you will be responsible for payment of such sales tax and any related penalties or interest. For purposes of this Terms of Use, “sales tax” shall mean any sales or use tax, and any other tax measured by sales proceeds that NextGen Healthcare or the Provider User is permitted to pass to you that is (i) the functional equivalent of a sales tax and (ii) the applicable taxing jurisdiction does not otherwise impose a sale or use tax.



6. INTELLECTUAL PROPERTY



Except as expressly provided below, all Information is proprietary to us or to third parties.



NextGen Healthcare authorizes you to access, view, and use the Information, and to download, email, or print Information where we provide instructions or a utility for doing so, subject to the following conditions: (i) you may only download and print the Information in limited quantities for your personal, non-commercial use; (ii) you may not modify the Information without our permission; (iii) any displays or print outs of the Information must be marked “© 2014-2020 NextGen Healthcare, Inc. All rights reserved.”; (iv) you may not remove any copyright, trademark or other proprietary notices that have been placed in the Information or on any Site; and (v) you may not download, email, or print any online help text or system documentation without our prior written consent. Except as expressly permitted above, modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the Information, any other materials authored by NextGen Healthcare and that you derive from the Site, or any portion thereof, is strictly prohibited without our prior written permission.



All software used on the Site is proprietary to us or to third parties, and any use, redistribution, sale, de-compilation, reverse engineering, disassembly, translation or reduction of such software to human-readable form is prohibited.



The mark ‘NextGen Healthcare’ , “OTTO Health” and the OTTO Health and/or NextGen Healthcare logo are registered or unregistered trademarks of NextGen Healthcare and may not be used in connection with any service or products other than those provided by NextGen Healthcare in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits NextGen Healthcare. Any use of such marks, or any others displayed on the Site, will inure solely to the benefit of their respective owners.



DIGITAL MILLENNIUM COPYRIGHTS ACT (DMCA)



NextGen Healthcare complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). All notifications of claimed copyright infringement should be emailed to NextGen Healthcare’s Copyright



Agent at legal@nextgen.com (subject line: DMCA Takedown Request). You may also contact us by mail at the following



Address:

NextGen Healthcare, Inc.

Attn: Legal

18111 Von Karman Avenue

Irvine, CA 92612



Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:



  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of the material you claim is infringing and where it is located on the Site;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the use of the materials on the Site of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.



DMCA COUNTER NOTICES



If material you have posted to any Site or Service has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the designated agent address listed above that includes the following:


  • a physical or electronic signature of the User who posted such material;
  • identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  • your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which NextGen Healthcare may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.
        

If a counter notice is received by the Copyright Agent, NextGen Healthcare will send a copy of the counter notice to the original complaining party informing that person that NextGen Healthcare may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter notice, at our sole discretion.



Repeat Infringer Policy: In accordance with the DMCA and other applicable law, NextGen Healthcare has adopted a policy of terminating, in appropriate circumstances and at NextGen Healthcare’s sole discretion, Users who are deemed to be repeat infringers. NextGen Healthcare may also at its sole discretion limit access to the Service and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.



7. DISCLAIMER



NextGen Healthcare makes no representations or warranties of any kind regarding the Site, Information, and any Content on the Site. The Site, Information, and Content are provided in “AS IS” and “AS AVAILABLE” condition, and NextGen Healthcare EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; (ii) THAT THE SITE, SERVICES, OR INFORMATION WILL MEET YOUR REQUIREMENTS OR THAT THEY OR YOUR CONTENT WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; (iii) RELATING TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICE; AND (iv) RELATING TO THE ACCURACY OR RELIABILITY OF ANY SITE, SERVICES, OR INFORMATION.



We expressly disclaim all liability and loss suffered by any person or entity claiming third-party beneficiary status.



YOU AGREE YOUR USE OF THE SITE, THE SERVICE, AND THE CONTENT IS AT YOUR OWN RISK, AND NEXTGEN HEALTHCARE IS NOT, AND WILL NOT BE, LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO ANY OF THEIR OPERATION, USE OR OTHER EXPLOITATION. YOU AGREE NEXTGEN HEALTHCARE IS NOT AND WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF ANY OF THE PROVIDER USERS.



No advice or information, whether oral or written, obtained by you from NextGen Healthcare and its affiliates and their officers, employees, directors, contractors, and agents; or through the Site, Service, or Information will create any warranty not expressly stated herein.



8. LIMITATION OF LIABILITY



UNDER NO CIRCUMSTANCES WILL YOU OR ANY PERSON OR ENTITY BE ENTITLED TO RECOVER FROM NEXTGEN HEALTHCARE ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF NEXTGEN HEALTHCARE HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.



IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE OR THE SERVICES. THE AGGREGATE LIABILITY OF NEXTGEN HEALTHCARE TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SITE OR THE SERVICES IS LIMITED TO THE LESSER OF: (i) THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR USE OF THE SITE OR SERVICES OR (ii) ONE HUNDRED DOLLARS ($100.00 USD).



SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.



9. INDEMNITY



You agree to release, indemnify and hold NextGen Healthcare and its affiliates and their officers, employees, directors, contractors, and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury, including death, arising out of or relating to your use of the Site, the Service, any User Content, your violation of these Terms of Use or your violation of any rights of a third party or other User.



10. ARBITRATION



You agree that all disputes, claims, or controversies arising out of or relating to the Terms of Use or the Service that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before the American Arbitration Association (“AAA”), or its successor. Unless otherwise agreed by the parties, arbitration will be held in Irvine, California before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree within 7 days of delivery of the Demand for Arbitration, a single arbitrator will be appointed by the AAA. The arbitration will be conducted in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as specifically modified by these Terms of Use; provided that the arbitrator shall make a decision based upon the evidence presented and the laws of the State of California (The AAA Rules are available at adr.org/active-rules or by calling AAA at 1-800-778-7879). The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party, and the arbitration will be conducted exclusively in the English language at a site specified by NextGen Healthcare in Irvine, California. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at adr.org/Forms. The arbitrator’s decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms of Use and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms of Use, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing party) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm, including, but not limited to, the actual or threatened infringement, misappropriation or violation of such party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.



You acknowledge and agree that you and NextGen Healthcare are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding, and you also agree not to participate in claims brought in a private attorney general or representative capacity. Further, unless both you and NextGen Healthcare otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, NextGen Healthcare shall have the sole authority to declare and deem void the entirety of this “Arbitration” section. Except as provided in the preceding sentence, this “Arbitration” section will survive any termination of these Terms of Use.



You may opt out of this agreement to arbitrate. If you do so, neither you nor NextGen Healthcare can require the other to participate in an Arbitration proceeding. To opt out, you must notify NextGen Healthcare in writing within 30 days of the date that you first became subject to this Arbitration provision. You must use this address to opt out:



NextGen Healthcare, Inc.

ATTN: Legal - Arbitration Opt Out

18111 Von Karman Avenue

Irvine, CA 92612



You must include your name and residence address, and a clear statement that you want to opt out of this arbitration agreement.



In the event you opt out of this Arbitration provision or NextGen Healthcare declares and deems this Arbitration provision void as set forth above, you and NextGen Healthcare agree that all matters arising from or relating to the use and operation of the Service will be governed by the substantive laws of the State of California, without regard to its conflicts of laws principles and that all claims you may have arising from or relating to the operation, use or other exploitation of the Services will be heard and resolved in the federal and state courts located in the City and County of Irvine California. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.



11. EXPORT LAWS



If you choose to gain access to the Service from locations other than California, you will be responsible for compliance with all local laws of any such other location, and in no event will you use the Service or Content on the Site in violation of U.S. export laws or regulations.



12. HEADINGS PROVIDED FOR CONVENIENCE ONLY



The titles and section headings in these Terms of Use are provided for convenience only and have no substantive meaning or effect.



13. MISCELLANEOUS



No delay or omission by NextGen Healthcare in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Terms of Use will impair any such right or be construed to be a waiver thereof, and a waiver by NextGen Healthcare of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Terms of Use, “including” means “including, but not limited to.” If any provision of this Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, then this Terms of Use will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. This Terms of Use sets forth the entire agreement between you and NextGen Healthcare regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You shall not assign or transfer this Terms of Use or any right or obligation hereunder to any third party. You agree that the electronic text of this Terms of Use constitutes a writing, and your assent to the terms and conditions hereof constitutes a “signing” for all purposes.



Last updated 8/2020

Share by: