Last Modified: October 2020
You understand the Site and Product do not render medical advice or diagnose or prevent any specific disease, including any communicable disease or virus. If you have any concerns about your health, including whether you have been exposed to or have contracted any disease or virus, immediately contact your healthcare provider.
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
Our Site or Product are not for medical emergencies or urgent situations. You should not disregard or delay to seek medical advice based on anything that appears or does not appear on the Site or Product. If you believe you have an emergency, call 9-1-1 immediately.
This Site and Product are offered and available to users who are 18 years of age or older. We do not collect or maintain personal information from people we actually know are under 18 years old. If we obtain actual knowledge that a user is under 18 years old, we will use our best efforts to remove that person’s information from our database. By using this Site or Product, you represent and warrant that you are at least 18 years old and of legal age to form a binding contract with us. If you do not meet all of these requirements, you must not access or use the Site or Product. If you believe we have collected personal information from someone under the age of 18, please contact us at firstname.lastname@example.org or call us at (888)-908-8804.
Services; No Medical or Legal Advice by BioIntelliSense
BioIntelliSense offers a Data-as-a-Service platform for vital sign, physiologic and symptomatic event health monitoring, analysis and reporting that may facilitate communication between you and your health care provider (each, a “Provider”) (If you are a Provider, please review the section below entitled Supplemental Terms Applicable to Providers). This health information may include respiratory rate, heart rate, temperature, activity level, sleep duration, body position, step count, gait analysis, coughing, sneezing and vomit frequency and other symptomatic or biometric data. BioIntelliSense does not provide medical advice or care itself. Rather, your Provider uses our products and services to better provide clinical services to his or her patients. The Providers, and not BioIntelliSense, are responsible for the quality and appropriateness of the care they render to you.
The Providers are independent of BioIntelliSense. Any information or advice received from a Provider comes from them alone, and not from BioIntelliSense. Your interactions with the Providers via our products and services are not intended to take the place of your relationship with your regular health care practitioners or primary care physician. Neither BioIntelliSense, nor any of its subsidiaries or affiliates or any third party who may promote the Site or Product or provide a link to the Site or Product, shall be liable for any professional advice obtained from a Provider via the Site or Product, nor any information obtained on the Site or Product. BioIntelliSense does not recommend or endorse any specific Providers, tests, physicians, medications, products, or procedures. You acknowledge that your reliance on any Providers or information delivered by the Providers via or because of the information on the Site or Product is solely at your own risk and you assume full responsibility for all risks associated herewith.
BioIntelliSense does not make any representations or warranties about the training or skill of any Providers who deliver services to you based on your use of the Site or Product. The content of the Site or Product, including text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional legal or medical advice, diagnosis, treatment, or recommendations of any kind by BioIntelliSense. BioIntelliSense does not provide any legal advice or representations in any way regarding any legal issues associated with advice, information, goods, or services offered by a Provider, including but not limited to any compliance obligations or steps necessary to comply with any state or federal laws and regulations. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by BioIntelliSense, or in connection with any communications supported by BioIntelliSense, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law.
You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.
COVID-19 Screening and Contact Tracing
Our Product(s) can be used to facilitate COVID-19 screening and contact tracing by the Product user or third parties, such as the user’s employer, school or other organizations in which the user is involved, or as appropriate (collectively “Information Recipients”). If you use the screening feature, Information Recipient only knows if you have been “cleared” or “not cleared” based on CDC guidelines, recognized clinical standards and practices, and information provided by you in response to screening questions and the information collected by the Product.
If you use the Product(s), your health information is under your direct control, and is not shared with Information Recipients. This functionality consists of identifying the proximity (approximate distance) to another BioIntelliSense Product and the length of the proximity, without collecting or tracking any information about the precise or near-precise geographic location. Our technology does not track or know where the user is located geographically.
Our technology develops a risk calculation using the time, duration, and proximity information collected by the Product for each contact event between a contact tracing Product user and other contact tracing Product users who are calculated to have been in close contact. We may then provide this risk calculation report to an Information Recipient. We do not provide your name with this risk calculation report, however, they may have the information necessary to identify you and match you and other Product users to a particular Product. It is up to the Information Recipient to determine what response, protective or preventive measures should be taken.
The Products and BioIntelliSense system are limited to screening for symptoms, behaviors and vital sign trends that may indicate a particular individual may be at risk of an infectious process, including COVID. It does not in any way interpret, or make an interpretation or diagnosis of infection, including COVID. Furthermore, due to the nature and complexities involved in detecting, diagnosing and predicting diseases, the technology does not identify all individuals who may nonetheless be experiencing an infectious process, including COVID. Additionally, the automated contact tracing assistance (e.g., proximity measurements) facilitated by our Product(s) is not guaranteed to any particular level of precision, and the effectiveness and availability will vary depending on usage, environment, network connectivity, etc. With the appropriate patient consent and sharing, data collected by the Product may be transmitted to a trained medical professional who may choose to use this information as part of their clinical assessment. Please consult a healthcare professional if you have any questions about interpreting the health or medical implications of any of the physical condition data collected and reported by our Product.
COVID-19 Product Limitations and Restrictions
- Our Product is intended to provide general information about conditions that are consistent with (but not necessarily determinative of) COVID-19 to various Information Recipients, such as, the Product users, the general population that may be at risk of COVID-19, administrative users (e.g., employer, school, administrators, public health officials, organization in which Product users are involved) and healthcare professionals.
- Alerts provided by our Product are fact-based, reporting on specific conditions (e.g., respiratory rate at rest, heart rate at rest, skin temperature, activity levels, sleep state, body position, coughing frequency, and proximity in relation to other Product(s)). Our Product does not provide recommendations relating to COVID-19 disease risk level or diagnosis.
- Alerts are generated based on identification of statistically meaningful trends in the change of the data collected.
- The information and data provided by our Product is presented to Information Recipients, and each Information Recipient must make their own determination of the best and appropriate course of action based on the information, alerts and reports provided.
- Our Product does not make a determination or recommendation of when individuals need immediate clinical intervention to assure or ensure patient safety.
- Alerts and information derived from the Product are used solely for reference and informational purposes for Recipients making subsequent decisions regarding the appropriate course of action; they are NOT intended to be solely, exclusively or primarily relied upon for any diagnosis or treatment decisions.
Accessing the Site or Product and Account Security
We reserve the right to terminate or amend this Site or Product, and any service or material we provide on the Site or Product, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site or Product is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site or Product or the entire Site or Product.
Certain services offered on this Site or Product (“Services”) are available only to users who set up an account (“Account”). To access the Site or Product or some of the Services it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site or Product that all the information you provide on the Site or Product is correct, current and complete.
Intellectual Property Rights
Our name, brands, logos, slogans and other trademarks are our trademarks. All other names, brands, logos, product and service names, and designs appearing on this Site or Product are the trademarks of their respective owners. You may not use such trademarks without our prior written permission.
You may provide suggestions, comments or other feedback (collectively, “Feedback”) to us with respect to our products and services, including the Site and Product. Feedback is entirely voluntary. We may use Feedback for any purpose without obligation of any kind. You irrevocably and perpetually assign and convey to us any and all intellectual property rights you may have in the Feedback.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may print or download a reasonable number of pages of the Site or Product for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our applicable end user license agreement for such applications.
- If we provide social media features, such as allowing you to share items you find in our news section through social media links in those posts, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this Site or Product;
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text;
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Site or Product; or,
- Access or use for any commercial purposes any part of the Site or Product or any services or materials available through the Site or Product.
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm others in any way by exposing them to inappropriate content, including asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate us, our employees, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site or Product, or which, as determined by us, may harm us or other users of the Site or Product or expose them to liability.
Additionally, you agree not to:
- Use the Site or Product in any manner that could disable, overburden, damage, or impair the Site or Product or interfere with any other user’s use of the Site or Product, including his or her ability to engage in real time activities through the Site or Product.
- Use any robot, spider or other automatic device, process or means to access the Site or Product for any purpose, including monitoring or copying any of the material on the Site or Product.
- Use any manual process to monitor or copy any of the material on the Site or Product or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Site or Product.
- Introduce any viruses, Trojan horses, worms, logic bombs, keystroke logging, or other material which is malicious or technologically harmful.
- Otherwise attempt to interfere with the proper working of the Site or Product.
Content You Post on the Site or Product
By posting or transmitting User Content on or through the Site or Product, you:
- Represent and warrant that your User Content, and the use thereof as contemplated herein, does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (b) slander, defame, libel, or invade the right of privacy, or violate the right of publicity or other property rights of any other person; and,
- Agree to and do hereby grant us and our affiliates and partners a nonexclusive, perpetual, irrevocable, worldwide, sublicensable, transferable, royalty-free right and license to use, store, display, publish, transmit, transfer, distribute, reproduce, rearrange, edit, modify, aggregate, create derivative works of and publicly perform the User Content that you submit to the Site or Product for any purpose, in any form, medium, or technology now known or later developed. You also acknowledge that (i) we may have already created, or be in the process of creating, content that may be substantially similar to your ideas at the time you submit those ideas to us, and (ii) elements of your ideas may not be subject to protection under copyright laws. You also grant us a license to use your username in connection with our use of any User Content you provide to us, including in connection with off-Site or non-Product uses of such submitted User Content. You also consent to the display of advertising within or adjacent to any of your User Content. Any User Content sent to us, including feedback data, such as questions, comments, suggestions and any other response shall be deemed to be non-confidential.
Reliance on Information Posted
The information presented on or through the Site or Product is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Site or Product, or by anyone who may be informed of any of its contents. This Site or Product may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content we provide, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Third Party Websites, Applications, and Resources
BioIntelliSense makes no representations whatsoever about any third-party website, application, or content that you may access through or with this Site or the Products. When you access a non-BioIntelliSense site or application, please understand that it is independent from BioIntelliSense, and that BioIntelliSense has no control over the content on that website or application. In addition, a link to or integration with a non-BioIntelliSense website or application does not mean that BioIntelliSense endorses or accepts any responsibility for the content, or the use, of the linked site or application. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access or use any third-party application or the third-party sites linked to this Site or Product, you do this entirely at your own risk.
Information About You and Your Visits to the Site or Product
When you use the Site or Product or Services, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. BioIntelliSense may contact you by telephone, mail, or email to verify your Account information. BioIntelliSense may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your Account. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Site or Product and the Services until you provide the information to us as requested.
Consent to Recording
The owner of the Site and Product is based in the United States. We process all data in the United States. We make no claims or representations that the Site or Product or any of its content is accessible or appropriate outside of the United States. Access to the Site or Product may not be legal by certain persons or in certain countries. If you access the Site or Product from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that authorized files or content available for downloading from the Site or Product or the internet will be free of viruses, malware or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site or Product for any reconstruction of any lost data.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR PRODUCT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR PRODUCT OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SITE OR PRODUCT, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR PRODUCT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AT YOUR OWN RISK, AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY OF OUR PROVIDERS, PARTNERS, AFFILIATES, OR HEALTH CONSULTANTS MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, CURRENCY, ACCURACY, AVAILABILITY OR OPERATION OF THE SITE OR PRODUCT, OR THE INFORMATION OR CONTENT INCLUDED THEREON. YOU ACKNOWLEDGE AND AGREE THAT THE RELIABILITY AND PERFORMANCE OF THE PRODUCT AND THE SERVICES OR OTHER ITEMS OBTAINED THROUGH USE THEREOF IS LARGELY DEPENDENT ON YOUR OWN ACTIONS AND OMISSIONS. THE WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENT OR WARRANT THAT THE SITE OR PRODUCT, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR PRODUCT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR PRODUCT, OUR (AND OUR SERVICE PROVIDERS’) SERVERS, THE CONTENT, OR COMMUNICATIONS SENT FROM OR ON BEHALF OF US ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIME BOMBS OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR PRODUCT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR PRODUCT WILL OTHERWISE MEET YOUR NEEDS, EXPECTATIONS, OR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE OR PRODUCT OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE, ON OUR OWN BEHALF AND ON BEHALF OF OUR AFFILIATES AND OUR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SITE OR PRODUCT AND THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation on Liability
IN NO EVENT WILL WE, OUR AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE OR PRODUCT, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR PRODUCT OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR PRODUCT OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, PROPERTY DAMAGE, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, BUSINESS INTERRUPTION, LOSS OF USE, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, OR COMPUTER FAILURE OR MALFUNCTION.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, OR ANY OF OUR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, PRODUCT, OR THE SERVICES FOR:
- ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE THROUGH OR FROM THE SERVICES;
- YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES;
- THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES;
- THE INFORMATION, ADVICE, OR TREATMENT OF A PROVIDER OR YOUR PROVIDERS ACTIONS OR OMISSIONS.
THESE LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OR CAUSE OF ACTION AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE, PRODUCT, OR THE SERVICES, OR ANY RELATED SERVICES. THE OPERATION OF THE SITE OR PRODUCT MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OUR CONTROL. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE OR PRODUCT, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SITE OR PRODUCT OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, DATA, AND INFORMATION SUBMITTED TO THE SITE OR PRODUCT.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, PRODUCT, OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE, PRODUCT, OR THE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE, PRODUCT, OR THE SERVICES IS LIMITED TO THE LESSER OF (I) THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR USE OF THE SERVICES OR (II) ONE HUNDRED DOLLARS (U.S. $100.00). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. IF YOU ARE A RESIDENT OF A STATE WITH PROTECTIONS SIMILAR TO CALIFORNIA CIVIL CODE §1542, YOU HEREBY WAIVE SUCH PROVISIONS OR PROTECTIONS.
In the event of any dispute, claim, question or disagreement arising from or relating to this Agreement, or the relationship that results from this Agreement (a “Dispute”), the parties hereto shall use their best efforts to settle the Dispute. To this end, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such solution, then the Dispute shall be resolved by binding arbitration in Denver, CO, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”), subject to the limitations of this section. This agreement to arbitrate will be specifically enforceable under the prevailing law of any court having jurisdiction. Notice of a demand for arbitration shall be filed in writing with the other party hereto and with the AAA. To the extent permitted by law, any Dispute under this Agreement must be filed within one year in an arbitration proceeding. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred.
The parties agree that one (1) arbitrator shall arbitrate the Dispute. The arbitrator shall be selected by the joint agreement of the parties, but if they do not so agree within twenty (20) days after the date of the notice of a demand for arbitration referred to above, the selection shall be made pursuant to the Commercial Arbitration Rules of the AAA from the panels of business arbitrators maintained by the AAA. The decision of the arbitrator shall be made in writing, shall be final, judgment may be entered upon it in any court having jurisdiction thereof, and the decision shall not be subject to vacation, modification or appeal, except to the extent permitted by sections 10 and 11 of the Federal Arbitration Act, the terms of which sections the parties agree shall apply. You and we agree that (i) no arbitration proceeding whether a consumer or business dispute will be certified as a class action or proceed as a class action, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other customers or potential customers or persons similarly situated, and (ii) no arbitration proceeding shall be consolidated with, or joined in any way with, any other arbitration proceeding and the arbitrator may not otherwise preside over any form of a representative or class proceeding. WE AND YOU AGREE TO ARBITRATE A CONSUMER DISPUTE OR BUSINESS DISPUTE ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION, SEEK RELIEF ON A CLASS BASIS, OR PARTICIPATE IN A CLASS ACTION. Further, unless both you and we agree in writing otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The expenses of arbitration, including reasonable attorneys’ fees and the fees and expenses of the arbitrator, shall be shared equally by the parties.
Either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security.
YOU AND BIOINTELLISENSE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and BioIntelliSense agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site or Product (including the exact URL);
- An address, a telephone number, and an e-mail address where we can contact you;
- A statement that you have a good faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
- A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf; and,
- Your electronic or physical signature, or that of the person authorized to act on behalf of the owner of the copyright or other right being infringed.
We may request additional information before we remove allegedly infringing material. You may report a copyright violation by providing the above information to our designated agent at: Director of Communications, BioIntelliSense, Inc., 17301 W Colfax Avenue, Suite 152; Golden, CO 80401; Phone: 1-844-244-0008; Email: email@example.com
We will terminate the user account of any user who repeatedly submits content that violates our intellectual property policies. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had content removed from the Site or Product more than twice.
Supplemental Terms Applicable to Providers
To be a healthcare provider using the Site or Product (for purposes of this Section 0, “Provider” or “you”) you must be a licensed physician, nurse practitioner, or healthcare professional in contract BioIntelliSense, and must agree to comply with all laws, medical board rules, and other rules and regulations applicable to you as a Provider or otherwise. Your relationship with the BioIntelliSense Product users is directly between you and the patient. The patient will never have a physician-patient relationship with BioIntelliSense. BioIntelliSense does not practice medicine and offers no medical services. As set forth more fully below, Provider is solely responsible for all agreements, consents, notices, and other interactions with patients and other consumers. Without limiting the generality of the foregoing, Provider and BioIntelliSense Medical is solely responsible for all billings and collections from patients and other consumers, and BioIntelliSense shall have no liability whatsoever to Provider with respect to any amounts owed by any patient or other consumer to Provider.
BioIntelliSense does not provide any medical advice, legal advice, or representations in any way regarding any legal or medical issues associated with Provider, goods, or services offered by Provider, including but not limited to any compliance obligations or steps necessary to comply with any state or federal laws and regulations. Provider should seek legal counsel regarding any legal and compliance issues, and should not rely on any materials or content associated with the Product, Site, or Services in determining Provider’s compliance obligations under law. THE BIOINTELLISENSE PRODUCT, SITE, AND THE SERVICES ARE NOT MEANT TO SUBSTITUTE OR MODIFY YOUR PROFESSIONAL JUDGMENT IN ANY WAY.
Provider will use the Product, Site, and Services only in accordance with applicable standards of good medical practice. While software products such as the Product, Site, and Services can facilitate and improve the quality of service that Provider can offer patients, many factors, including but not limited to the provider/patient relationship can affect a patient outcome, and with intricate and interdependent technologies and complex decision-making it is often difficult or impossible to accurately determine what the factors were and in what proportion they affected an outcome. Provider shall be solely responsible for its use of the Product, Site, and Services, and the provision of medical services to Provider’s patients. In this regard, Provider releases BioIntelliSense and waives any and all potential claims against BioIntelliSense as a result of Provider’s use of the Product, Site, and Services, and the provision of services to Provider’s patients.
Governing Law and Jurisdiction
You agree that we may provide you with notices, including those regarding changes to this agreement, by email to the address you provided at the time of registration or as changed in your Account profile on the Site or Product.
Application Support; Functionality
All questions and requests relating to Product and Site support must be directed to BioIntelliSense. The Select Third Parties, as defined in Section 26, are not responsible for providing support for the application portions of the Site and may not be contacted for support. BioIntelliSense will use commercially reasonable efforts to respond to questions and provide support. Please note that we may change or remove functionality and other features of the Site at any time, without notice.
Modified Devices and Operating Systems
BioIntelliSense will have no liability for errors, unreliable operation, or other issues resulting from use of the Product or Site on or in connection with rooted or jail broken devices or use on any mobile device that is not in conformance with the manufacturer’s original specifications, including, but not limited to, use of modified versions of the operating system (collectively, “Modified Devices”). Use of the Site or Product on Modified Devices will be at your sole and exclusive risk and liability.
No Liability for Select Third Parties
Additionally, by using the Product, you agree to indemnify and hold harmless the underlying wireless carrier supplying services to BioIntelliSense, and its officers, employees, and agents against any and all claims, including without limitation claims for libel, slander, infringement of copyright, or personal injury or death, arising in any way directly or indirectly in connection with the use, failure to use, or inability to use the access telephone number associated with the Product.
USE PER FDA APPROVED LABELING
The devices, systems and services described on our Site or related product materials are subject to United States laws governing the use and sale of such devices, systems and services. Nothing in this Site or related product materials is intended to constitute a claim or indication for clinical uses of BioIntelliSense’s medical devices beyond those that have been cleared or approved by the U.S. Food and Drug Administration or any foregoing equivalent, as applicable.
Your Comments and Concerns
This Site and Product is operated by BioIntellisense, Inc. All other feedback, comments, requests for technical support and other communications relating to the Site and Product should be directed to firstname.lastname@example.org.
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