Health Harmony™ Maestro and Health Harmony™ Mobile (either in tablet or BYOD form) Terms and Conditions
CARE INNOVATIONS® HEALTH HARMONY™ APPLICATION AND RELATED CONTENT AND SERVICES ARE PROVIDED SUBJECT TO THIS AGREEMENT AND INDICATIONS FOR USE. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR USE OF THE APPLICATION WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THIS AGREEMENT AND INDICATIONS OF USE. IF YOU ARE USING HEALTH HARMONY™ IN CONNECTION WITH COVID-19 SERVICES, PLEASE NOTE THE TERMS AND CONDITIONS RELATING TO THE COVID-19 SERVICES BELOW.
IMPORTANT NOTICE TO YOU
This Agreement and the Indications for Use are in addition to any other agreement you may have with Care Innovations, including any agreement governing purchase or use of Care Innovations products or services by you or your organization.
The Application is owned and operated by Care Innovations. Except for Third Party Content (defined below) all content, data, information and other materials on or directly accessible from the Application, is owned by Care Innovations, its affiliates, licensors and/or vendors. The Application and all content is protected by United States and international copyright and trademark laws. Any rights not expressly granted by this Agreement and the Indications of Use or any applicable end user license agreements are reserved by Care Innovations and/or its vendors and licensors.
The Application may display, include, make available, or otherwise link to content, data, information, applications, web applications, or other materials generated or provided by third parties (“Third Party Content”). You understand that Third Party Content may include content that may be deemed offensive, indecent, or objectionable, or that may be inaccurate, unresponsive, unreliable, or even untruthful. By using the Application, you acknowledge and agree that Care Innovations shall not be responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of Third Party Content. Care Innovations does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any Third Party Content. Third Party Content is provided “AS IS” and solely as a convenience to you, with no warranties of any kind provided by Care Innovations.
You agree that Care Innovations shall not be liable or otherwise responsible for any content or information you post in the Application, a web-forum, in a chat room, or through other interactive or “social networking” portions of the Application (your “Personal Content”). You also agree that Personal Content may be immediately displayed on the Application for access by care givers, family members and other third – parties. The generation of, access to and distribution of Personal Content is at your own risk. You further agree to indemnify, defend, and hold harmless Care Innovations and its affiliates, its parent companies and their respective affiliates and subsidiaries, their customers, suppliers, employees, officers, directors, consultants and agents from and against any and all claims, losses, liabilities, suits, costs, and other damages arising out of or related to your Personal Content, including claims that the Personal Content violates, infringes, or misappropriates the patent, trademark, trade secret, copyright, or other proprietary rights of any party; that the Personal Content is libelous or defamatory; or that the Personal Content caused or attributed to the injury or death of you or any a third party. You hereby grant to Care Innovations, its suppliers, vendors, consultants and agents a non—exclusive, transferable, worldwide, royalty free, sub licensable, right and license to store, copy, distribute, transmit, publicly perform, display, create derivative works of, and otherwise use the Personal Content for purposes of providing the Application to third parties as well as the right to access, aggregate, de-identify and transmit the Personal Content in Care Innovations’ sole discretion.
Care Innovations Does Not Provide Medical Advice, Testing or Treatment
The contents of the Application are not intended to be a substitute for professional medical advice, testing, diagnosis, or treatment. Care Innovations does not recommend, endorse or assume any liability for any specific tests, test results, third party communications relating to testing, products, procedures, opinions, medical advice, treatment or other information mentioned on the Application or associated with your testing. You agree to indemnify, defend and hold Care Innovations and its affiliates and parent company and their respective affiliates and subsidiaries and their customers, suppliers, employees. officers, directors, consultants and agents from and against any and all claims, losses, liability, suits, costs and other damages arising out of or related to such tests, test results, third party communications, products, procedures, opinions, medical advice, treatment or other information associated therewith .
Restrictions on Use of the Application
Health Harmony™ Maestro and Health Harmony™ Mobile are not intended, designed, or authorized for continuous communication of real-time data. The software is not intended, designed, or authorized for providing time-critical medical care, providing medical or other emergency response alerts, or any other applications outside of its intended use specified in the Indications for Use of Health Harmony™, or for use in any circumstances in which the failure of Health Harmony™ would present an unreasonable risk of illness or injury to the user. If you have or are experiencing COVID-19 symptoms, you should take precautionary measures regardless of the results of your COVID-19 test and consult a physician and/or the CDC website for more information.
COVID – 19 Services Consent
If you are using the Application for COVID-19 services, you HEREBY CONSENT to Care Innovations:
- Accessing and retaining your personal information (PII) and personal health information (PHI) and
- Using your PII and PHI to contact you about Care Innovations programs related to COVID-19
- Receiving the results of your COVID-19 test
- De-identifying your PII and PHI for purposes of aggregating your de-identified PII and PHI with other de-identified data
- Linking you to Third Parties Content (as defined above) in order to facilitate your COVID-19 test, communications and test results
- Receiving and sharing your PII and PHI in connection with your COVID-19 test, services and the test result
- Providing to you support and education services
- Being responsible for sharing the results of your COVID-19 test with your employer as Care Innovations will not do so
Training for the Application.
Care Innovations is not responsible for your care giver’s training and proper use of the Application.
Care Innovations is not responsible for the preparation of the location for the installation of the necessary infrastructure for the use of Application. You or your Application provider is responsible for preparation of the location for installation of the Application in accordance with Care Innovations’ written specifications and applicable law. Such installment will include the necessary infrastructure (e.g., internet connectivity, broadband, electrical connection, as applicable) that is required for the proper and secure operation and performance of the Application.
The Application is controlled and operated by Care Innovations from its offices within the United States of America. Care Innovations makes no representation that materials in the Application are appropriate or available for use in locations outside of the United States. Those who choose to access the Application from locations outside of the United States do so on their own initiative and are responsible for compliance with local or national laws, if and to the extent local or national laws are applicable. The software, technology and other information from the Application is further subject to United States export controls and, potentially, the import laws of your jurisdiction. No software, technology or other information from the Application may be downloaded or otherwise exported or re-exported to any person or entity prohibited by United States export control laws. By downloading or otherwise using any software, technology or other information from the Application in any manner whatsoever, you represent and warrant that you are not prohibited by United States export control laws from doing so or are located in, under the control of, or a national or resident of any such prohibited country.
Care Innovations, the Care Innovations logo, the Caring Icon logo and QuietCare are trademarks of Care Innovations, LLC. Care Innovations’ trademarks and service marks may not be used in connection with any product or service that is not from Care Innovations, in any manner that is likely to cause confusion among customers of Care Innovations, or in any manner that disparages or discredits Care Innovations. All other third-party trademarks are the property of their respective owners.
Security of Your Data and Communications
YOU ACKNOWLEDGE THAT SECURITY SAFEGUARDS, BY THEIR NATURE, ARE CAPABLE OF CIRCUMVENTION AND CARE INNOVATIONS DOES NOT AND CANNOT GUARANTEE THAT YOUR INFORMATION OR COMMUNICATIONS CANNOT BE ACCESSED BY UNAUTHORIZED PERSONS CAPABLE OF OVERCOMING SUCH SAFEGUARDS. YOU ACKNOWLEDGE AND AGREE THAT: (I) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (II) UNAUTHORIZED USERS (e.g., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE THE APPLICATION, YOUR INFORMATION OR COMMUNICATIONS, AND/OR CARE INNOVATIONS’ NETWORKS. CARE INNOVATIONS SHALL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES OR FOR YOUR INABILITY TO ACCESS OR USE THE APPLICATION. YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF YOUR INFORMATION AND SYSTEMS.
As a condition of your use of the Application, you warrant to Care Innovations that you will not and will not knowingly allow anyone else to (i) use the Application for any purpose that is unlawful, (ii) use the Application for any commercial purpose, (iii) modify, attempt to modify, rent, lease, loan, sell, or distribute the Application in any manner, (iv) use or exploit the Application in an abusive, improper, or illegal manner as determined solely by Care Innovations, including but not limited to, by trespass, burdening network capacity, or using the Application to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party or to transmit illegal, pornographic, libelous, profane or otherwise offensive messages or content, (v) create derivative works based on the Application or reverse engineer, deconstruct, disassemble, modify or decompile any software or technology underlying the Application or provided through the Application, and (vi) interfere with the operation of the supplied Health Harmony Mobile device unless under the guidance and supervision of Care Innovations authorized personnel.
Accuracy and Integrity of Information
THE APPLICATION AND ALL INFORMATION AND CONTENT AVAILABLE THROUGH THE APPLICATION ARE PROVIDED “AS IS,” WITH ALL FAULTS, AND “AS AVAILABLE”. CARE INNOVATIONS DOES NOT WARRANT THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, OR THAT THE RESULTS OF ANY QUERY WILL BE COMPLETE OR ACCURATE. CARE INNOVATIONS DOES NOT WARRANT THAT ACCESS TO THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS OR ERRORS IN THE APPLICATION WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, CARE INNOVATIONS DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY DATA, DESCRIPTION, IDENTIFICATION OR OTHER INFORMATION DISPLAYED, TRANSMITTED, DISTRIBUTED, HYPERLINKED OR OTHERWISE REFERRED TO THROUGH THE APPLICATION. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CARE INNOVATIONS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, TITLE, NON-INFRINGEMENT, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, MERCHANTABILITY, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
NEITHER CARE INNOVATIONS NOR ITS AFFILIATES, PARENTS, THE PARENTS RESPECTIVE AFFILIATES AND SUBSIDIARIES, NOR THEIR LICENSORS, EMPLOYEES, CONSULTANTS, DIRECTORS, OFFICERS, VENDORS OR SUPPLIERS, WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES RESULTING FROM LOST PROFITS, LOST OPPORTUNITY, LOST DATA, CORRUPTED DATA, PERSONAL USE INTERRUPTION, MEDICAL USE INTERPRETATION, OR BUSINESS INTERRUPTION ARISING FROM YOUR USE OF (OR INABILITY TO USE) THE APPLICATION OR THE INFORMATION CONTAINED THEREIN, HOWSOEVER ARISING, EVEN IF CARE INNOVATIONS OR ITS AFFILIATES OR THEIR REPRESENTATIVES AS SET FORTH ABOVE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION DOES NOT APPLY TO THE EXTENT IT IS PROHIBITED BY LAW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE APPLICATION OR OTHER APPLICATION— RELATED CONTENT, INFORMATION, SERVICES, AND/OR HYPERLINKED APPLICATIONS IS TO CONTACT YOUR HEALTH CARE PROVIDER WHO PROVIDED THE APPLICATION TO YOU.