Terms & Conditions

Effective: July 1st, 2020

Last Updated: November 15, 2020

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.

Agreement

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 may only use Services for lawful purposes compliant with local, state, federal, and international law.

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.

Security

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.

Electronic Communications

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.

Liability

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.

Indemnity

You agree to defend (if requested by Lobbie), indemnify, and hold harmless Lobbie and its affiliates, parents, subsidiaries, partners, and each of their respective employees, directors, officials, vendors, and representatives from and against any and all alleged or actual claims, actions, demands, losses, 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, costs and expenses directly or indirectly arising out of or relating to your access and use of the Services, or the violation of this agreement (including without limitation both these Terms of Use and the Privacy Policy), your violation of any rights of any third party, or your violation or alleged violation of any laws, rules, codes, statutes, ordinances, or orders of any governmental authorities in connection with your use of the Service. You will cooperate as fully required by Lobbie in the defense of any aforementioned claims and losses. This indemnification obligation will survive the expiration or termination of this agreement.

Disclaimers

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.

Notices

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.  

Disputes & Dispute Resolution

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.

General 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.

Terms of Use Changes

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 going forward agreement to the new terms for your new use. You can reject any new, revised or additional terms by discontinuing use of the Service.

Contact Us

If you have any questions or concerns about this Privacy Policy, please contact us at legal@Lobbie.com, or send correspondence to the following address:

Lobbie, Inc.

Attn: Privacy Officer

147 Gonzales Rd.

Santa Fe, NM 87501