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Agreement
EMR Chiro Inc. P.O. Box 700 East Setauket NY 11733 (631) 786-4253 DrStudin@EMRChiro.com EMR Chiro Agreement This electronic medical records program agreement (the “Agreement”) is between EMR Chiro, Inc. (“EMR”) and the facility (“Facility”), together are the “Parties.” The Facility agrees to engage EMR for documentation services, and EMR agrees to be engaged by the Facility upon the terms and conditions set forth herein. In consideration of the mutual covenants and agreements herein contained, the Parties agree as follows: EMR shall 1) prepare documentation materials to post in the Facility’s “Advanced MD (AMD) Key;” 2) provide reasonable instructional videos and individual consulting on an “as needed” basis for onboarding; 3) provide Facility with updated “macros” on the facility’s key for compliance and reimbursement; 4) debit the Facility’s checking account $449 checking account or their credit card $549 per month from the date of this Agreement until termination as described herein; The Facility: 1) expressly agrees to "opt-in" to receive email, faxes, and any other form of electronic communication; 2) acknowledges that it is solely responsible for any transmission or distribution of EMR materials sent by the Facility, as well as the creation of any distribution database; 3) acknowledges that EMR does not transmit any materials, facilitate the transmission of any materials, nor create any databases; 4) has unlimited access to all EMR materials but only during the pendency of its paid subscription to the EMR documentation program, and upon termination, regardless of the relationship with AMD, will lose access to the EMR databases; 5) acknowledges that all EMR materials are and shall remain owned exclusively by EMR as further described herein; and 6) agrees not to share EMR materials with third parties or post them on the Facility’s website. 7) the agreement terms are 1 year and will auto-renew until terminated, as prescribed below. This Agreement may be terminated for any reason by the Facility or by EMR upon written notice only via email with corresponding confirmation of EMR. Verbal notice (e.g., telephone) is not accepted. Termination shall occur 60 days after notification of the date upon which email notice is submitted by Facility as indicated by email date stamp; no pro-rata refunds for partial months shall be provided for any reason. Termination cannot be scheduled in advance. Once a Facility enters into this Agreement and a username and password have been given to the facility by EMR, no refund shall be provided of any funds paid to date. After termination, should billing continue erroneously by EMR, it is the sole responsibility of the Facility to inform EMR immediately. The Parties mutually agree that a maximum of 6 months of fees will be refunded should the facility fail to timely notify EMR of continued or over-billing regardless of when the termination notice was received and confirmed. The Facility is solely responsible for updating EMR of any change in the Facility’s bank or credit card information. The Facility expressly agrees not to use any EMR materials once terminated from the program. If EMR is unable to collect the monthly fee for any reason, the Parties agree that EMR shall charge the Facility a $50 fee for each month for administrative fees. The facility shall also be responsible for reasonable collections fees, including legal fees, for non-payment. The Facility acknowledges and agrees that all content provided or published by EMR in any format (the “EMR Content”) is the exclusive property of EMR, which takes diligent measures to protect its proprietary interest and fully prosecutes violators to the fullest extent of the law. The Facility shall not share, publish, or otherwise disclose any EMR Content, directly or indirectly, or use, copy, or discuss any EMR Content or EMR intellectual property either during the term of this Agreement or at any time thereafter without prior written consent by EMR. Under no circumstance is the Facility permitted to post EMR's content on their Web site. The facility acknowledges that the EMR Content is unique and valuable and that unauthorized disclosure of EMR Content would destroy or diminish the value of such information. Damages resulting from the unauthorized disclosure of EMR Content may be impossible to calculate; therefore, the parties agree that EMR shall be entitled to injunctive relief preventing the disclosure of any EMR Content. Such injunctive relief is in addition to any other remedies available, whether at law or in equity. EMR shall be entitled to recover its costs and fees, including reasonable attorneys’ fees, incurred in obtaining any such relief, whether in collections, litigation, or other dispute resolution procedures. The Facility shall indemnify and hold harmless EMR, its agents, employees, and principals from any and all issues, claims, matters, or disputes of any nature arising from the terms of this Agreement and/or any services or actions rendered by EMR to the Facility. This includes actions by third parties, none of which are intended beneficiaries of this Agreement. EMR does not provide any medical/healthcare advice, including, but not limited to, coding or treatment. Any litigation arising from this Agreement shall be brought and maintained in the Supreme Court of the State of New York in the County of Suffolk, which shall have exclusive jurisdiction. If any terms of this Agreement are ruled void by a court of law, the remaining terms shall remain in full force and effect. This Agreement may be updated and revised from time to time by EMR upon notice to Facility or by publishing the revised Agreement on the EMR website at the “Members Consulting Page.. It is the sole responsibility of the Facility to review any revised version of this Agreement.
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