Terms of Service

1. Acceptance of Terms

By accessing and using the Nashville IT Health website and Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.

These Terms apply to all visitors, users, and others who access or use our Services.

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on our website and updating the "Last Updated" date. Your continued use of the Services after such changes constitutes your acceptance of the revised Terms.

2. Description of Services

Nashville IT Health provides comprehensive IT solutions and services for businesses, with a specialization in healthcare IT, including but not limited to:

- Managed IT Services and Support
- Cybersecurity and HIPAA Compliance Solutions
- Cloud Computing and Infrastructure
- Network Installation and Management
- VoIP and Unified Communications
- Access Control and Security Systems
- IT Consulting and Strategic Planning

The specific services provided to each client may vary based on individual service agreements and contracts.

3. User Responsibilities

When using our Services, you agree to:

**Provide Accurate Information**: You must provide accurate, current, and complete information when registering for services or submitting inquiries through our website.

**Maintain Security**: You are responsible for maintaining the confidentiality of any login credentials or account information provided to you and for all activities that occur under your account.

**Comply with Laws**: You agree to use our Services only for lawful purposes and in accordance with these Terms and all applicable local, state, national, and international laws and regulations.

**Prohibited Activities**: You agree NOT to:
- Use our Services in any way that violates applicable laws or regulations
- Attempt to gain unauthorized access to our systems or networks
- Interfere with or disrupt the operation of our Services
- Transmit any viruses, malware, or other malicious code
- Impersonate any person or entity or misrepresent your affiliation
- Collect or harvest information about other users
- Use automated systems to access our Services without permission

4. Service Agreements and Contracts

Specific IT services provided by Nashville IT Health are governed by individual service agreements, statements of work, or contracts entered into between Nashville IT Health and the client.

These Terms of Service supplement, but do not replace, any such service agreements. In the event of a conflict between these Terms and a specific service agreement, the service agreement will control with respect to the services covered by that agreement.

All service agreements must be signed by authorized representatives of both parties to be valid and enforceable.

5. Intellectual Property Rights

**Our Content**: All content on the Nashville IT Health website, including text, graphics, logos, images, videos, software, and other materials (collectively, "Content"), is the property of Nashville IT Health or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.

**Your License**: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your personal or internal business purposes.

**Restrictions**: You may not:
- Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content
- Use any Content for commercial purposes without our express written permission
- Remove any copyright, trademark, or other proprietary notices from any Content
- Use our trademarks, service marks, or logos without prior written consent

**User Submissions**: If you submit content, feedback, suggestions, or other materials to us through our website or Services, you grant us a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, and distribute such materials for any purpose.

6. Third-Party Links and Services

Our website may contain links to third-party websites, services, or resources that are not owned or controlled by Nashville IT Health.

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not endorse or make any representations about third-party websites or services.

You acknowledge and agree that Nashville IT Health shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of any third-party websites or services.

We strongly advise you to read the terms of service and privacy policies of any third-party websites or services that you visit.

7. Service Availability and Modifications

**Availability**: While we strive to provide reliable and uninterrupted access to our website and Services, we do not guarantee that our Services will always be available, uninterrupted, timely, secure, or error-free.

**Maintenance**: We reserve the right to modify, suspend, or discontinue any part of our Services at any time, with or without notice, for maintenance, updates, or other reasons.

**Changes to Services**: We may change, update, or discontinue features of our Services at our discretion. We are not liable to you or any third party for any modification, suspension, or discontinuance of the Services.

8. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using our Services, you consent to the collection and use of your information as described in our Privacy Policy.

For clients receiving IT services, data protection and security obligations are detailed in individual service agreements and, where applicable, Business Associate Agreements for HIPAA-regulated entities.

9. Disclaimers of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES AND WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

NASHVILLE IT HEALTH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT
- TITLE
- QUIET ENJOYMENT
- ACCURACY OF INFORMATION

WE DO NOT WARRANT THAT:
- Our Services will meet your specific requirements
- Our Services will be uninterrupted, timely, secure, or error-free
- The results obtained from using our Services will be accurate or reliable
- Any errors in our Services will be corrected
- Our website or servers are free from viruses or other harmful components

**Professional Services Disclaimer**: Information on our website is for general informational purposes only and does not constitute professional IT consulting advice for your specific situation. Specific service recommendations and implementations are provided through formal consulting engagements and service agreements.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NASHVILLE IT HEALTH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:

- Loss of profits, revenue, or business
- Loss of data or information
- Loss of business opportunities
- Business interruption
- Cost of substitute services
- Any other damages arising out of or in connection with your use or inability to use our Services

THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

**Maximum Liability**: To the maximum extent permitted by law, our total liability to you for all claims arising out of or related to these Terms or your use of our Services shall not exceed the amount you paid to Nashville IT Health in the twelve (12) months preceding the event giving rise to the liability, or $100 if you have not paid us anything.

**Service Agreement Provisions**: Liability limitations in specific service agreements may supersede these general limitations for services covered by those agreements.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

11. Indemnification

12. Termination

**Termination by You**: You may stop using our Services at any time. If you have a service agreement with us, termination provisions in that agreement will govern the termination of services.

**Termination by Us**: We reserve the right to suspend or terminate your access to our Services at any time, with or without cause, with or without notice, and without liability.

We may terminate or suspend your access immediately if:
- You violate these Terms of Service
- You engage in fraudulent or illegal activities
- You pose a security risk to our Services or other users
- We are required to do so by law

**Effect of Termination**: Upon termination:
- Your right to use our Services will immediately cease
- We may delete your account and any associated content
- Provisions of these Terms that by their nature should survive termination will survive, including intellectual property rights, disclaimers, limitations of liability, and dispute resolution provisions

13. Dispute Resolution and Governing Law

**Governing Law**: These Terms shall be governed by and construed in accordance with the laws of the State of Tennessee, United States, without regard to its conflict of law provisions.

**Jurisdiction**: You agree that any legal action or proceeding arising out of or related to these Terms or your use of our Services shall be brought exclusively in the federal or state courts located in Davidson County, Tennessee, and you consent to the personal jurisdiction of such courts.

**Informal Resolution**: Before filing a claim, you agree to contact us at support@nashvilleithealth.com to attempt to resolve the dispute informally. We will make good faith efforts to resolve disputes amicably.

**Arbitration**: For disputes that cannot be resolved informally, you and Nashville IT Health agree that any dispute, claim, or controversy shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, conducted in Nashville, Tennessee. The arbitrator's decision shall be final and binding.

**Exceptions to Arbitration**: Either party may seek injunctive or other equitable relief in court to prevent the actual or threatened infringement of intellectual property rights.

**Class Action Waiver**: You agree that any arbitration or legal proceeding shall be conducted on an individual basis and not as a class action, consolidated action, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

14. General Provisions

**Entire Agreement**: These Terms, together with our Privacy Policy and any service agreements you have entered into with us, constitute the entire agreement between you and Nashville IT Health regarding your use of our Services.

**Severability**: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable.

**Waiver**: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights or provisions.

**Assignment**: You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

**No Agency**: Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Nashville IT Health.

**Notices**: Any notices or communications required or permitted under these Terms should be sent to:

Nashville IT Health
Email: support@nashvilleithealth.com
Phone: (615) 346-5510
Address: 206 Gothic Ct Suite 304, Franklin, TN 37067

**Force Majeure**: We shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, pandemics, government actions, or failures of the internet or telecommunications infrastructure.

**Headings**: The section headings in these Terms are for convenience only and have no legal or contractual effect.

15. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, please contact us:

**Nashville IT Health**

Email: support@nashvilleithealth.com
Phone: (615) 346-5510
Address: 206 Gothic Ct Suite 304, Franklin, TN 37067
Website: www.nashvilleithealth.com

We will respond to your inquiry within a reasonable timeframe, typically within 5-7 business days.