Effective Date: June 26, 2019
Last Revised: April 13, 2020
IMPORTANT – PLEASE READ CAREFULLY BEFORE USING PATIENTONE
By continuing to use the Services, you agree as follows:
- You are at least 18 years old or have been legally emancipated;
- You understand and intend that this Agreement is a legally binding agreement and the equivalent of a signed, written contract;
- You understand, accept, and have received these Terms, and acknowledge and demonstrate that you can access these Terms at will.
IF YOU DO NOT AGREE WITH AND ACCEPT THESE TERMS, PLEASE DISCONTINUE ALL FURTHER USE OF THE SERVICES. DO NOT LOG IN TO THE SYSTEM AND IMMEDIATELY DELETE ALL INSTALLED FILES, IF ANY, OF THE ACCOMPANYING SERVICES AND MATERIALS FROM YOUR COMPUTER OR MOBILE DEVICE.
ARBITRATION NOTICE: UNLESS YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND PATIENTONE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU CAN OPT OUT OF THE AGREEMENT TO ARBITRATE BY CONTACTING firstname.lastname@example.org WITHIN 30 DAYS OF ACCEPTING THESE TERMS.
PatientOne is an application services provider of web-based patient engagement and remote patient monitoring services through a portal and platform for doctors and patients.
NOTE: PatientOne is not a healthcare provider nor do we provide any direct healthcare services. We are not a health insurance company and we are not licensed to sell health insurance.
We Do NOT Provide Medical Advice
Our Services provide an online option for communicating with your Providers about medical conditions that are not serious or life threatening and do not present an emergency. It is NOT intended for use in connection with active patient monitoring to allow immediate clinical action or continuous monitoring by a health care provider or the patient. If at any time you are concerned about your care or the treatment, or you believe or someone else advises you that you have a serious or life-threatening condition, call 9-1-1 immediately in areas where that service is available, or go to the nearest open clinic or emergency room.
THE SERVICES CANNOT AND ARE NOT DESIGNED, INTENDED OR APPROPRIATE TO REPLACE THE RELATIONSHIP YOU HAVE WITH YOUR HEALTHCARE PROVIDERS OR TO ADDRESS SERIOUS, EMERGENCY, OR LIFE-THREATENING MEDICAL CONDITIONS AND SHOULD NOT BE USED IN THOSE CIRCUMSTANCES. YOU SHOULD ALWAYS TALK TO YOUR HEALTHCARE PROVIDERS FOR DIAGNOSIS AND TREATMENT, INCLUDING INFORMATION REGARDING WHICH DRUGS, THERAPY, OR OTHER TREATMENT MAY BE APPROPRIATE FOR YOU.
Your Provider will base their medical advice on the personal health data you provide through the Services and the data transmitted from your Devices. If you do not provide complete and accurate personal health data, the medical advice you receive may not be correct. Any content provided or accessed through the Services, including without limitation information provided by PatientOne’s staff in response to questions you may submit through the Services, is for informational purposes only, and is not intended to cover all possible uses, directions, precautions, drug interactions, or adverse effects. Please consult your doctor or other qualiﬁed health care provider if you have any questions about a medical condition, or before taking any drug, changing your diet, or commencing or discontinuing any course of treatment. Never disregard, avoid, or delay in obtaining medical advice from a doctor or other qualified healthcare provider because of something posted on our Services.
THE FACT THAT YOUR PROVIDER IS USING OUR SERVICES DOES NOT MEAN THAT PATIENTONE ENDORSES OR RECOMMENDS THE PROVIDER, AND WE DO NOT CONFIRM THE CREDENTIALS OF ANY PROVIDERS. WE DO NOT CONTROL THE MEDICAL ADVICE YOUR HEALTHCARE PROVIDER GIVES YOU, AND WE DO NOT HAVE ACCESS TO OR USE ANY OF THAT ADVICE. IT IS YOUR RESPONSIBILITY TO SEPARATELY CONFIRM THAT A HEALTHCARE PROVIDER IS PROPERLY LICENSED.
PatientOne is not liable in any way for any malpractice or substandard treatment your Provider may provide. You are using the Services at your own risk.
Your Account and Your Use of the Services
In order to have access to the Services, you must register to create an account and become a “Registered User” to use the Services. To register, you must provide a user name, a PIN, your email address, and other information specified in the registration form.
You may change or correct information from your account by logging into your User account directly and making the desired changes. You agree not to register for a User account on behalf of an individual other than yourself unless you are authorized to bind such person to these Terms. By registering another person, you hereby represent that you are authorized to do so.
By registering for an account, you represent and warrant:
(A) your registration data is true, accurate, current, and complete.
(B) You are at least 18 years of age.
(C) You will update your registration data to make sure it is accurate.
(D) You are authorized to create an account (either for yourself or on behalf of another person).
DO NOT USE THE SERVICES WHERE PROHIBITED BY LAW. YOU UNDERSTAND THAT YOUR USE OF THE SERVICES MAY INVOLVE OR REQUIRE THE TRANSMISSION OF SIGNIFICANT AMOUNTS OF DATA. YOU ARE RESPONSIBLE FOR ALL DATA CHARGES THAT MAY BE CHARGED BY YOUR WIRELESS CARRIER OR INTERNET SERVICE PROVIDER OR THAT MAY OTHERWISE ARISE FROM YOUR USE OF THE SERVICES.
We may, at any time, modify, discontinue or terminate the Services or modify these Terms, without prior notice to you. If we modify these Terms, we will post the changes on our website or Application. If you continue to use the Services after we have let you know about the changes, you agree to be bound by the modified Terms. If the changes are not acceptable to you, you should immediately stop using the Services.
Keeping Your Information Secure
You need to provide PatientOne with a valid, working e-mail address to access and use the Services. When you register, PatientOne will provide you a PIN. Your e-mail address and PIN and any codes assigned to you are your “User Information.” When you create an account with us, you guarantee that the information you provide is accurate, complete, and current.
(A) Keep your User Information private, and
(B) Not allow another person to use your User Information to access the Services, and
(C) Not allow another person to use your Device(s).
To protect your conﬁdential healthcare information, it is good practice to enable touch ID, ﬁngerprint ID, and/or a passcode on your smartphone.
If you do not do the above and PatientOne suffers damages as a result, you will be responsible for all of those damages. You agree to immediately notify PatientOne in writing by email of any unauthorized use of your User Information or any other breach of security.
All of your communications using the Services can and will be monitored, captured, recorded, and transmitted to government authorities without notifying you if we determine that this is necessary.
Links to Other Websites
Our Service may contain links to third party web sites or services that are not owned or controlled by us.
We have no control over, and we assume no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
YOU AGREE THAT PATIENTONE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES, OR FOR ANY DAMAGES OR LOSSES CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY.
By using the Services and accepting these Terms, you acknowledge that PatientOne will share your personal information collected by the Services with your Provider.
We are not responsible for nor liable to you or any third party for a healthcare provider’s treatment of personal information, including any collection, use, disclosure, storage, loss, theft or misuse of your personal information, whether or not such treatment violates applicable law or the Provider’s Notice of Privacy Practices.
By requesting communication via the PatientOne SMS messaging service, you acknowledge that you agree to receive text messages as part of the PatientOne Connect Program, with an estimated message frequency of 1 message per day relating to your care plan protocol. The PatientOne Connect protocol is meant to keep you on track for your health care objectives and provide a way for you to communicate directly with your care team.
Message and data rates may apply.
Carriers are not liable for delayed or undelivered messages
The Services and all materials on the Services are owned or licensed by PatientOne. We grant to you, for your personal purposes only, a nonexclusive, limited, and revocable right to access and use the Services during the term of this Agreement, so long as you comply with these Terms. You agree not to use the Services for any other purpose, including commercial purposes, such as co- branding, framing, linking, or reselling any portion of the Services without our prior written consent.
You may access, download or print the materials available through the Services for non-commercial purposes and solely within the scope allowable by these Terms. You may not use the materials for any other purpose without our express written permission. Any unauthorized use of words or images from the Services may violate copyright laws, trademark laws, laws of privacy and publicity, and civil and criminal statutes.
You may not use PatientOne’s name, trademarks, service marks or logos or those of third parties appearing on the Services in any advertising or publicity, or otherwise to indicate PatientOne’s or such third party’s sponsorship of or afﬁliation with any product or service without express written permission of PatientOne or such third party.
Computer Equipment; Browser Access and Internet Services
With the exception of any Devices provided to you, you are responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment (collectively, “Systems”) necessary for you to access and use the Services. This includes, without limitation, obtaining internet services, using up to date web-browsers and the best commercially available encryption, antivirus, anti-spyware, and internet security software. There are always certain security and access availability risks associated with using open networks such as the Internet, and you expressly assume such risks. You are responsible for the data security of the Systems used to access the Services and for the transmission and receipt of information using such Systems. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or your System.
While using the Services, you shall not:
(A) Post, upload, publish, submit, transmit or otherwise make available any content that you do not have a right to make available;
(B) Use, display, mirror or frame the Services, or any individual element within the Services, PatientOne or PatientOne’s name, any PatientOne trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Our express written consent;
(C) Access, tamper with, or use non-public areas of the Services, PatientOne’s computer systems, or the technical delivery systems of PatientOne’s service providers;
(D) Attempt to probe, scan, or test the vulnerability of any PatientOne system or network or breach any security or authentication measures;
(E) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by PatientOne, your Provider, or any other third party (including another user) to protect the Services;
(F) Attempt to access or search the Services or download materials from the Services through the use of any engine, software, tool, agent, device, or mechanism (including scripts, bots, spiders, scraper, crawlers, data mining tools or the like) other than the software and/or search agents provided by PatientOne or other generally available third-party web browsers;
(G) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
(H) Use any meta tags or other hidden text or metadata utilizing an PatientOne trademark, logo, URL, or product name without Our express written consent;
(I) Use the Services or materials for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
(J) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or materials to send altered, deceptive or false source-identifying information;
(K) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or materials;
(L) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
(M) Collect or store any personally identifiable information (not your own) from the Services;
(N) Impersonate or misrepresent your affiliation with any person or entity;
(O) Violate any applicable law or regulation; or
(P) Encourage or enable any other individual to do any of the above.
THE SERVICES AND MATERIALS ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. PATIENTONE ALSO EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY OF ANY SERVICES OR MATERIALS PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES.
Limitation of Liability
NEITHER PATIENTONE, NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR MATERIALS WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES OR MATERIALS, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PATIENTONE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IF YOU ARE NOT SATISFIED WITH THE SERVICES, THE MATERIALS, OR THE TERMS, YOU SHOULD DISCONTINUE USING THEM – THIS IS YOUR ONLY REMEDY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, PATIENTONE’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00. YOU MUST BRING ANY CLAIM ARISING FROM THE USAGE OF THE SERVICES OR MATERIALS WITHIN ONE (1) YEAR OF THE EVENT FROM WHICH THE CLAIM AROSE.
You agree to indemnify, defend and hold harmless PatientOne, its clients, and its suppliers and their respective afﬁliates, employees, ofﬁcers, directors, agents, servants and representatives of each from any liability, loss, claim, suit, damage, and expense (including reasonable attorneys’ fees and expenses) arising out of or in any way connected with your access to or use of the Services or PatientOne’s materials, your violation of these Terms, or any negligent or wrongful conduct by you or related to your account by you or any other person accessing the Services or PatientOne materials through your account.
These Terms shall be governed by the laws of the State of Delaware, without regard to any conflicts of laws. The courts of the State of Delaware and shall have jurisdiction over any action arising under these terms or your use of the Services or materials.
Modiﬁcation and Termination of the PatientOne Services
If you breach any of these Terms, we may suspend or disable your account or terminate your access to the Services, without prior notice to you. There may be other instances where We may need to terminate your access to the Services that are not related to any of your actions or inactions. We reserve the right to terminate your access to and use of the Services and materials at any time, with or without cause, with 15 days notice.
We welcome and encourage you to provide us with feedback, comments and suggestions for improvements to the Services or materials (“Feedback”). You may submit Feedback by emailing us at email@example.com. If you submit any Feedback to us, we will own all intellectual property rights in such Feedback and may use such Feedback for any lawful purpose.
If you have not signed a separate written agreement with PatientOne related to the Services, these Terms are the entire and exclusive understanding and agreement between you and PatientOne regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Us and you regarding the Services. If there is any conﬂict between these Terms and a signed written agreement between you and PatientOne related to the Services, these Terms will control.
You may not assign or transfer these Terms, by operation of law or otherwise, without PatientOne’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void PatientOne may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
If you or PatientOne has any dispute regarding these Terms, including but not limited to any alleged breach of these Terms, the parties will submit the dispute to binding arbitration in Montana before a single arbitrator, in accordance with rules and procedures of the American Arbitration Association. The arbitrator may, but does not have to, award legal fees, arbitrator’s fees and costs and other costs incurred by the party that does not win the dispute. Any arbitration will be strictly confidential and neither party will disclose to any person (other than necessary to carry out the arbitration) the existence of the dispute or any aspect of the dispute.
General Legal Provisions
If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the remaining provisions of the Agreement remain in full force, provided that the essential terms and conditions of this Agreement remain valid, binding and enforceable and the economic and legal substance of the transactions contemplated by the Agreement are materially preserved.
The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations.
Nothing in this agreement creates an agency, partnership, or joint venture. Failure to enforce any provision will not constitute a waiver of that provision.
PatientOne, Inc. is headquartered in Missoula, Montana in the United States of America.
259 West Front Street, Suite B
Missoula, MT 59802
Speciﬁc questions and comments should be directed to the appropriate department via email to firstname.lastname@example.org. While we make every effort to respond to all emails within 1 business week, we cannot guarantee a response to every electronic communication.