Effective: July 1st, 2020
Last Updated: March 1st, 2022
Lobbie, Inc and/or its affiliates (“Lobbie”, “Us”, “We”, “Our”) offers online healthcare technology services through it’s website (“Services”) to medical facilities using those Services (“Providers”). Providers as well as visitors to the Lobbie website, are collectively referred to as “Users”. Users are subject to the following Terms of Use (“Terms”). Please read these Terms carefully before using the Services.
By using Lobbie Services, you are agreeing to these Terms of Use as well as the additional terms as set forth in the Privacy Policy located at www.lobbie.com/privacy-policy. If using Services on behalf of another (e.g. a child, or someone with a disability), you represent that you are authorized to do so. Services of Lobbie are not permitted for anyone under the age of 13, and as such, if you are under 13 years of age please do not register or disclose any information to us, and cease using Lobbie Services. We do not knowingly attempt to collect personally identifiable information from children under or about the age of 13. If you are aware that we may have collected such information, please let us know at legal@Lobbie.com.
You must comply with all applicable laws, rules, ordinances, and regulations, including, without limitation, United States federal and state privacy and personal information laws, customer records laws (e.g., California Civil Code § 1798.80 et seq.), data security and protection laws, intellectual property laws, export control laws, health and medical laws (e.g., HIPAA), and tax laws. You must also comply with all applicable contracts and standards, including, without limitation, The Payment Card Industry Data Security Standard (PCI DSS) as it is updated, revised, and/or amended by The Payment Card Industry Security Standards Council (PCI SSC) from time to time, including, without limitation, as to the non-storage of Card Verification Values/Codes (CVV). You must also comply with this Agreement, as it may be amended from time to time, the Terms & Conditions, and the policies and processes explained herein and in our Privacy Policy.
These Terms affect your legal rights, responsibilities and obligations and govern your use of the Service, are legally binding, and limit Lobbie’s liability to you and require you to indemnify us and to settle certain disputes through mediation. If you do not wish to be bound by these Terms, do not use the Service.
You agree that by registering with Services, you are representing that you will keep registration information secure, such as username and password credentials, to prevent unauthorized access to information. Details about how we protect your information may be located within our Privacy Policy. If you are concerned your privacy may have been breached through failure to keep credentials secure, please reach out to us at the information provided in the Contact Us section below and change your password immediately.
As a User, you are agreeing that information provided is accurate to the best of your ability, and that you will not attempt to exploit Services, extract protected or personal information in an unauthorized manner, or use such malicious technology as viruses, worms, trojans, or SQL injections. You are agreeing not to access Services with a bot, to index, or to routinely scrape information. You are agreeing to not attempt to replicate, modify, reverse engineer, resell, or share Services, software, designs, logos, documentation, or workflows with external entities other than for purposes of the Services, unless given written approval by us to do so.
As a regular part of the Services, Lobbie offers texting and email services. Providers who have registered with the Service may make use of these capabilities, provided that the method in which the communication services are used is compliant with the policies of that Provider and local law. In all forms of communication, we provide clear guidance on how to opt-out. You agree that all agreements, notices, disclosures and other communications that we provide to Users electronically satisfy any legal requirement that such communications be in writing.
You agree that Lobbie is not responsible for anything collected from a Customer or End User (End User), including, without limitation, private and/or publicly available information, data, records, text, software, music, sound, photographs, graphics, video, messages, and/or content and the like (collectively, Data) and stored in the Lobbie platform. The Lobbie Customer is considered the Data controller and owner and the Lobbie Customer has the sole responsibility for the Data.
Any Data You or the End User submit to Lobbie is at your own risk. Lobbie does not control or verify the Data submitted through the Services and, as such, does not guarantee the accuracy, integrity, or quality of such Data. You and the End User will provide Lobbie Data that You have the right to give Lobbie. By providing Data to Lobbie, You and the End User represent and warrant that You are entitled to submit it and it complies and follows all applicable laws, rules, ordinances, regulations, contracts, third-party rights (including intellectual property rights), and standards.
You agree to implement and maintain reasonable security procedures and practices appropriate to the nature of the Data to protect the Data from unauthorized access, destruction, use, modification, or disclosure and require the same of nonaffiliated third parties to whom You disclose Data. You agree to encrypt Data, if possible and appropriate to the nature of the Data, by rendering the Data unusable, unreadable, or indecipherable to an unauthorized person through a security technology or methodology generally accepted in the field of information security.
You agree that, should there be a breach of the security of the system by the unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of Data maintained on the Lobbie Platform, You will immediately notify Lobbie and You will comply, as appropriate to the nature of the Data, with all applicable data breach laws, rules, ordinances, regulations, contracts, and standards, including, without limitation, United States federal and state laws (e.g., California Civil Code § 1798.82), PCI DSS, and this Agreement.
You may request the deletion of the Data at any time and, should You no longer be a Lobbie Customer, You agree that Lobbie shall treat any and all Data stored on the Lobbie platform as abandoned and that Lobbie may dispose of the same or arrange for the disposal of the same within its custody or control by, inter alia, shredding, erasing, or otherwise modifying or rendering the Data unreadable and/or undecipherable through any means.
You hereby grant Lobbie a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any Data posted or uploaded to the Lobbie platform in order to facilitate the ordinary use of the Services.
You agree that to the fullest extent permissible by law, Lobbie is not liable for any loss or damages of any kind, including direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages, due directly or indirectly to any issues, damages, loss of revenue, profit, use, data, goodwill, time or any other form of damages arising from your use of Services or inability to use the Services, regardless of if such damages have been incurred due to the expected or unexpected behavior of the Service. You agree that while User information is protected by the safeguards mentioned in the Privacy Policy, Lobbie is not liable for any unauthorized use or access or damages arising out of such unauthorized access by or through the Service even if we to have been informed of such breaches in advance. The foregoing limitations of liability will apply even if any of the circumstances were foreseeable and even if Lobbie was advised or should have known of the possibility of such losses or damages, regardless whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Service). As permitted by applicable law, under no circumstances will Lobbie total liability to you for all possible damages and causes of action in connection with your access and use of the Service, be damages greater than the total fees you have paid Lobbie for the use of the Service.
You agree to defend (if requested by Lobbie), indemnify, and hold harmless Lobbie and its affiliates, agents, permitted assigns, parents, subsidiaries, partners, and each of their respective employees, directors, officers, officials, vendors, and representatives from and against any and all alleged or actual claims, actions, demands, losses, costs, expenses (including attorney’s fees), settlements (whether or not litigation is commenced), liabilities, and damages of any kind whatsoever existing now or arising in the future directly or indirectly arising out of or relating to your access and use of the Services, your, or any of your agent’s, or your End User’s breaches, negligence, or willful misconduct the violation of this agreement (including without limitation both these Terms of Use and the Privacy Policy), your or your End User’s violation of any rights of any third party, or your or your End User’s violation or alleged violation of any laws, rules, codes, statutes, ordinances, standards, contractos or orders of any governmental authorities in connection with your use of the Service. If Lobbie requests that you defend it, you shall provide your selected defense counsel to Lobbie for approval and Lobbie reserves the right to reject your counsel and select defense counsel at your sole expense. Lobbie shall also have the right to retain its own independent counsel to assist in the defense of the claim at your sole expense. You will cooperate as fully required by Lobbie in the defense of any aforementioned claims and losses. You may not settle any potential suit hereunder without Lobbie’s prior written approval, not to be unreasonably withheld, conditioned, or delayed. If you fail to promptly indemnify and defend a covered claim, Lobbie shall have the right to defend itself, and in such case, you shall promptly reimburse Lobbie for all of Lobbie’s associated costs and expenses. Lobbie’s rights and remedies hereunder are cumulative with all other rights and remedies. This indemnification obligation will survive the expiration or termination of this agreement.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, SERVICES ARE USED AT EXCLUSIVELY YOUR OWN RISK AND USING THEM IS YOUR OWN DECISION ON AN “AS-IS”, “AS AVAILABLE” AND WITH ALL FAULTS” BASIS, without any non-infringement or non-misappropriation of intellectual property rights of a third party, title, custom, trade, quiet enjoyment, accuracy of informational content, or system integration, and freedom from computer virus. Interruptions of Service may occur for which Lobbie cannot be held liable, and restoration of Services following such an event is not guaranteed.
While Lobbie goes to great length to make sure that data displayed in Services to Users is consistent, accurate, and verifiable, we also acknowledge that representations are only as accurate as the data sources themselves and the timeliness of those sources, and as a result inaccuracies may occur and be shown in Services. Lobbie is not liable for inaccurate representations in Services.
Lobbie reserves the right to add, modify, replace, or remove functionality or content at any time at its own discretion without notice. Lobbie may discontinue services at any time completely, pursuant to the terms set forth in the “Termination” section. Information about these changes, if significant, will be made public either by notifying clients or making the information available on our website.
You agree that we may give you notices or otherwise respond to you by mail or to your email we have on file. All legal notices to us must be sent to the information in the Contact Us section below.
Jurisdiction and venue for any controversy, allegation or claim arising out of or relating to the Service or these Terms (“Dispute”) shall be in San Diego, California. Each party submits to personal jurisdiction and venue in San Diego, California for any and all purposes. You agree to discuss and hopefully resolve any Disputes before formal legal proceedings are initiated. If you have any allegation or claim arising out of or relating to the Service or these Terms you must provide a written request for mediation to the address listed in the Contact Us section. We will work together to choose a mutually agreeable mediator. Mediation costs will be split equally between the parties.
These Terms and any claim brought by you against Lobbie will be governed by, construed, and resolved in accordance with, the laws of the State of California. This section shall remain in full force and effect notwithstanding any termination of your use of the Service or these Terms.
If any single section of either the Terms of Use or the Privacy Policy are deemed legally invalid, only that part of the Agreement will be construed as invalid as held by that specified court of law deeming it invalid at that time, with all remaining sections still treated as valid. Similarly, if we choose to waive any single right in these documents, it will not represent a waiver of all rights described by both documents, nor will it mean that right is permanently waived.
Lobbie may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without prior written consent from Lobbie.
Terms of Use described here are governed by the applicable laws governing the jurisdiction in which the headquarters of Lobbie operates, and the competent courts in such jurisdiction shall apply in all respect.
We reserve the right to amend these Terms of Use or our Privacy Policy at any time. As such, by continuing use of our Site and Services- after changes are made, you are acknowledging acceptance of the then applicable terms and conditions. You agree that we may notify you of new terms by posting them on the Service (or in any other reasonable manner of notice which we elect), and that your use of the Service after such notice constitutes your agreement to the new terms for your new use. You can reject any new, revised, or additional terms by discontinuing use of the Service.
If you have any questions or concerns about this Terms & Conditions, please contact us at legal@Lobbie.com or send correspondence to the following address:
Lobbie, Inc.
Attn: Privacy Officer
147 Gonzales Rd. #11
Santa Fe, NM 87501
