PEHR Technologies

The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.

• Legal Notice
• 
  COMMUNICATIONS
  
  Communications can be delivered to PEHR Technologies by email or mail as listed on the Contact information specified on the PEHR web site (www.pehrtech.com). Communication regarding technical support should be sent by email to support@pehrtech.com.
  
  PEHR Technologies does not want to receive confidential or proprietary information from you through this site. PEHR Technologies carries out original research and development. The possibility exists that an unannounced idea conceived originally by PEHR Technologies might be seen to resemble a suggestion sent by you. In order to avoid any misunderstanding or disputes, PEHR Technologies has a policy of refusing to accept any ideas, memos, drawings, concepts or other proposals that you might make regarding new products, technologies, designs, manufacturing methods, etc. If in spite of this policy such a proposal is received, any and all such proposals will be returned without consideration or evaluation. Moreover, any information and materials sent by you will be deemed to be non-confidential.



• Copyright
• All content appearing on this Web site is the property of
  PEHR Technologies, LLC
  4001 S. 700 E., Suite 500
  Salt Lake City, UT 84107
  Copyright 2007 PEHR Technologies, LLC. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for noncommercial informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright 2007 PEHR Technologies, LLC. All rights reserved.



• Trademarks
• All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by PEHR Technologies. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of PEHR Technologies or any third party, except as expressly granted herein.



• Use Of Site
• This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. PEHR Technologies and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if PEHR Technologies believes that customer conduct violates applicable law or is harmful to the interests of PEHR Technologies and its subsidiaries.



• Privacy Policy
• PEHR Technologies' use of personal information that you may submit to PEHR Technologies through this Web site is governed by the PEHR Technologies Privacy Policy.
  
  PRIVACY POLICY STATEMENT
  
  This is the web site of PEHR Technologies, LLC.
  
  Our postal address is
  4001 S. 700 E., Suite 500
  Salt Lake City, UT 84107
  We can be reached via e-mail at support@pehrtech.com or you can reach us by telephone at 801-264-6789
  
  For each visitor to our Web page, our Web server automatically recognizes only the consumer's domain name, but not the e-mail address (where possible).
  
  We collect only the domain name (but not the e-mail address of visitors to our Web page), the e-mail addresses of those who communicate with us via e-mail, and aggregate information on what pages consumers access or visit.
  
  The information we collect is used for internal review and is then discarded, and is used to improve the content of our Web page.
  
  If you do not want to receive e-mail from us in the future, please let us know by sending us e-mail at the above address.
  
  If you supply us with your postal address on-line you will only receive the information for which you provided us your address.
  
  Persons who supply us with their telephone numbers on-line will only receive telephone contact from us with information regarding orders they have placed on-line.
  With respect to Ad Servers: We do not partner with or have special relationships with any ad server companies.
  
  From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will post the policy changes to our Web site to notify you of these changes and provide you with the ability to opt out of these new uses. If you are concerned about how your information is used, you should check back at our Web site periodically. Customers may prevent their information from being used for purposes other than those for which it was originally collected by e-mailing us at the above address.
  
  Upon request we provide site visitors with access to transaction information (e.g., dates on which customers made purchases, amounts and types of purchases) that we maintain about them. Consumers can access this information by e-mail us at the above address.
  
  Upon request we offer visitors the ability to have inaccuracies corrected in transaction information. Consumers can have this information corrected by sending us e-mail at the above address.
  
  With respect to security: When we transfer and receive certain types of sensitive information such as financial information it is all done through a secure site, denoted by a security certificate (such as the PEHR Store).
  
  If you feel that this site is not following its stated information policy, you may contact us at the above addresses or phone number.



• Consumer Agreement
• Use of the Bartlett and other PEHR products is subject to the following additional terms and conditions:
  
  BARTLETT® LICENSE AND DISCLAIMER
  
  The PEHR software ("Software") contained in this device and its physical media and documentation (collectively, the " BARTLETT® ") are protected by copyright and other intellectual property laws and international treaties. You agree not to violate any such laws or treaty in your use of the BARTLETT®. Software includes all modifications, enhancements, updates, work-arounds, and improvements provided by PEHR or its agents to you. You have no title to, or ownership of, the BARTLETT® other than the physical media containing the Software. PEHR Technologies, LLC ("PEHR") reserves all rights not specifically granted in this agreement, including but not limited to the right to license the Software to others. Unauthorized reproduction or distribution of the Software, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.
  
  USE AND RESTRICTIONS: You may operate the Software only by means of the BARTLETT® flashdrive. You may make only one copy of the Software, retaining the BARTLETT® flashdrive for transfer and storage purposes. Such copy shall be for backup purposes only. You may not modify, adapt, translate, rent, lease, loan, resell for profit, distribute, network, or create derivative works based on any part of the Software. You may not reverse engineer, decompile, or disassemble the Software. The Software does not include updates, maintenance, or support, which may be separately available.
  
  LIMITED WARRANTY: PEHR warrants the BARTLETT®?s physical media to be free from defects in materials and workmanship for thirty (30) days from the date of original purchase. Provided that all terms and conditions of this Limited Warranty are complied with, PEHR will, at its option, either repair or replace defective components. Money back guarantee during the first 30 days. After that time period there are no refunds or exchanges.
  
  This Limited Warranty applies to the BARTLETT® only under normal use and does not cover any damage or defect caused by accident, misuse, abuse, fire, flood, acts of God, terrorism, or by any alteration, repair or attempted repair by anyone other than PEHR. This warranty only applies to the initial user of the BARTLETT® and is not assignable or transferable. Defective products covered by this Limited Warranty should be returned to PEHR Technologies, LLC, Attention: Service Department, PEHR Technologies, LLC, 4001 South 700 East, Suite 500, Salt Lake City, UT 84107.
  
  This Limited Warranty may not be extended or modified except in writing or electronic communication by PEHR. No sales person, representative, or distributor is authorized to make or consent to any extension or modifications of the terms of this Limited Warranty.
  
  EXCEPT AS SPECIFICALLY REQUIRED BY APPLICABLE LAW, THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE BARTLETT® AND PEHR SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL PEHR, ITS AUTHORIZED REPRESENTATIVES, AFFILIATES OR SUBSIDIARY COMPANIES, BE LIABLE FOR SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, REGARDLESS OF WHETHER PEHR HAS NOTICE OF THE POTENTIAL FOR SUCH LOSS OR DAMAGE. THE SOLE REMEDY WITH RESPECT TO ANY DEFECTIVE BARTLETT® SHALL BE LIMITED TO REPLACEMENT OR REPAIR. ANY DAMAGES OF PEHR SHALL BE LIMITED TO THE PRICE PAID FOR THE BARTLETT®.
  
  PEHR DOES NOT MAKE ANY EXPRESSED OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SOFTWARE OR SERVICES PROVIDED BY THE BARTLETT®, AND PEHR AND ITS SUPPLIERS AND DISTRIBUTORS SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM THE DOWNLOADING, INSTALLATION OR USE OF THE SOFTWARE OR SERVICES. PEHR DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL BE ERROR FREE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE OR SERVICES ARE PROVIDED ON AN "AS IS" BASIS.
  
  THE BARTLETT® IS PROVIDED AS A STORAGE DEVICE FOR MEDICAL RECORDS. PEHR DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY OF ANY RECORDS STORED UPON THE BARTLETT® AND SHALL NOT BE LIABLE FOR DAMAGES RESULTING FROM INACCURACY OR MISUSE OF SUCH RECORDS, OR FROM DISCLOSURE OF MEDICAL INFORMATION, (WHETHER ACCIDENTAL OR INTENTIONAL) BY YOU OR ANY OTHER PERSON.
  
  You agree to defend, indemnify, and hold PEHR, its agents and successors in interest harmless from any claims, losses, expenses, fees (including any attorneys fees), costs, and damages arising in connection with any customer modifications or unauthorized use of the BARTLETT®, or in connection with any inaccuracy, misuse, or disclosure of medical information stored on the BARTLETT®.
  
  This agreement and its application and interpretation shall be governed by the internal laws of the State of Utah, without regard to choice of law principles. Any action brought in connection with this agreement shall be brought only in a federal or state court located in Salt Lake County, Utah.
  
  Continuing with the purchase of the Bartlett or any software products by PEHR Technologies, LLC implies that you have read the End User License agreement above and agree to its content and purpose.



• Shipping & Delivery
• At this time, PEHR Technologies ships merchandise only to locations within the continental United States and not to international locations. Nor does PEHR Technologies ship to Alaska, Hawaii, Puerto Rico, Guam or the US Virgin Islands. The risk of loss and title for all merchandise ordered on this Web site pass to you when the merchandise is delivered to the shipping carrier.



• Sales Tax
• PEHR Technologies charges sales tax for merchandise ordered on this Web site based on the applicable state sales tax rate and the location to which the order is being shipped.



• Warranties
• Warranties on use of Web site.
  
  The Content included in this Web site has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Web site. PEHR Technologies makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web site or Content, or the suitability, functionality, or operation of this Web site or its Content. By using this Web site, you assume the risk that the Content on this Web site may be inaccurate, incomplete, offensive, or may not meet your needs and requirements. PEHR Technologies SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL PEHR Technologies BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.



• Return Policy
• Money Back guarantee.
  
  Purchases can be returned or exchanged during the first 30 days, but only with prior authorization from PEHR Technologies. Please contact us at support@pehrtech.com PEHR Technologies reserves the right to change its RETURN POLICY at any time without prior notice to you.



• Store Hours
• Customer service is available as defined on the Contact Us page of this Web site.



• Miscellaneous
• VOID WHERE PROHIBITED: Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. PEHR Technologies and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited. GOVERNING LAW: In the event of litigation both parties agree that the law of Utah shall apply and both parties consent to the exclusive jurisdiction of the Utah courts, or in the event of diversity of citizenship, the United States District Court for the District of Utah. Both parties expressly waive a trial by jury. MISCELLANEOUS: The Terms and Conditions constitute the entire agreement between you and PEHR Technologies with respect to this Web site. The Terms and Conditions supercede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and PEHR Technologies with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by PEHR Technologies. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.