Common use of Terms of Service Clause in Contracts

Terms of Service. The Terms of Service of the Software (“TOS”) are located at xxxx://xxx.xxxxxxxxxxxxxxxxxxx.xxx/website/media/pdf/Modernizing_Medicine_Terms_of_Servic e_Feb_2012.pdf and apply to each User’s use of the Software. As a condition to Medical Practice’s and its Users’ use of the Software, Medical Practice shall require its Users to review and accept the TOS. Medical Practice shall cause each of its Users to comply with the terms of the Transaction Documents and the TOS. Notwithstanding any term of this Agreement to the contrary, Medical Practice acknowledges and agrees that, from time to time, Modernizing Medicine may (in accordance with the process specified in the TOS and without the prior written consent of Medical Practice) change, remove, add to (including without limitation by way of additional terms) or otherwise modify the TOS. In the event of a conflict between the TOS and the other Transaction Documents, the terms of the other Transaction Documents shall prevail.