Effective Date: 11/09/2015
THE SITE, CONTENT AND OTHER INFORMATION OR SERVICES THAT ARE OFFERED OR PROVIDED BY PHR THROUGH THE SITE ARE PROVIDED FOR EDUCATIONAL PURPOSES ONLY. THE SITE IS NOT INTENDED, AND SHOULD NOT BE USED, AS A SUBSTITUTE FOR INDEPENDENT PROFESSIONAL OR LEGAL ADVICE.
Do not include identifiable patient health information. The Site is not subject to HIPAA, and Pacient cannot guarantee the privacy and security of any health information provided through the site.
For certain aspects of the Site, you may be asked to register an account. In the event you agree to register an account, you will select and/or receive a username and password upon providing registration information and successfully completing the registration process.
This account is personal to you, and you will not share it or allow any other person to utilize your account. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to immediately notify PHR in the event (a) your registration information changes, or (b) you learn of or have reason to suspect any unauthorized use of your account or any other breach of security.
You also agree that you will provide truthful and accurate information during the registration process. PHR may refuse to grant a particular username to you for any reason, including, without limitation, in the event PHR determines that such username impersonates someone else, is protected by trademark or other proprietary right law or is vulgar or otherwise offensive.
You acknowledge that the Site may contain or provide access to information, software, photos, video, text, graphics, music, sounds or other material provided by PHR or third parties (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets or other intellectual property laws, and that these rights are valid and protected in all forms, media and technologies whether existing now or hereafter developed. References to “Content” shall not include “User Data.”
PHR welcomes your comments, feedback, information, or materials regarding the Site, Content or otherwise about PHR (collectively, “Feedback”). If you submit Feedback to PHR, please note that your Feedback shall become the property of PHR. By submitting your Feedback to PHR, you agree to assign, and hereby irrevocably assign to PHR, all right, title, and interest in and to the Feedback and all copyrights and other intellectual property rights embodied in such Feedback on a worldwide basis. PHR shall be free to use your Feedback and name and likeness in connection with such Feedback on an unrestricted basis. You hereby assign and/or waive, as the case may be, any moral or privacy rights that you may have in or to the Feedback.
PHR Intellectual Property
All copyrighted material, trademark, service mark, legal, proprietary or other notice must not be removed from the Site and/or from the Content you may access.
PHR uses reasonable efforts to maintain the Site, but PHR is not responsible for any defects or failures associated with the Site, any part thereof, any Content posted using the Site, the User Data, personal or bodily injury or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. The Site may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions, (b) periodic maintenance procedures or repairs which PHR may undertake from time to time, or (c) causes beyond the control of PHR or which are not foreseeable by PHR.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE SITE, ANY CONTENT AND ANY OTHER INFORMATION PROVIDED VIA THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT ALLOWED BY LAW, PHR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NON-INFRINGEMENT.
WITHOUT LIMITATION, PHR MAKES NO WARRANTY THAT THE SITE, ANY CONTENT OR ANY OTHER INFORMATION PROVIDED VIA THE SITE WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOING OR ANY INFORMATION FOUND THEREON WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT PHR SHALL NOT BE LIABLE FOR ANY PERSONAL OR BODILY INJURY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PHR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SITE OR ANY CONTENT; (B) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR OTHERWISE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; OR (D) ANY OTHER MATTER RELATING TO THE SITE OR ANY CONTENT. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE SITE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH ITS TERMS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT SHALL PHR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, DIRECTLY TO PHR FOR ACCESSING THE SITE, PURCHASING ANY CONTENT OR PURCHASING ANY PRODUCTS OR SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless PHR, its officers, members, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorneys’ fees and costs and expenses, arising out of or in any way connected with (a) your access to or use of the Site or any part thereof, (b) a breach or alleged breach by you of any of your representations, warranties, covenants or obligations under this Agreement, (c) infringement or misappropriation of any intellectual property or other rights of PHR or third parties by you, (d) any negligence or willful misconduct by you, (e) any other claim related to your performance under this Agreement, or (f) your use of any Content, services or products provided by PHR.
Term and Termination
Governing Law and Other Miscellaneous Terms
The parties and their respective personnel are and shall be independent contractors, and neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.
You acknowledge and agree that any expenses that you incur in furtherance of this Agreement are voluntary in nature and are made with the knowledge that this Agreement may be terminated as provided herein. You shall not make a claim against PHR, and PHR shall not be liable with respect to the recoupment of any expenditures or investment made by you in anticipation of the continuation of this Agreement beyond the term hereof.
The parties agree that your breach of the provisions of this Agreement would cause irreparable harm and significant injury to PHR, which would be both difficult to ascertain and which would not be compensable by damages alone. As such, the parties agree that PHR has the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance or other equitable relief without prejudice to any other rights and remedies PHR may have for your breach of this Agreement.
If any action at law or in equity is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.
The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting and construing this Agreement.
If the performance of any part of this Agreement by either party (other than payment of money) is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor dispute, act of God, telecommunications failure or any other cause beyond the control of either party, that party shall be excused from such performance to the extent that it is prevented, hindered or delayed by such cause.
This Agreement, including any other agreements or additional terms referenced herein, constitutes the complete and exclusive statement of the Agreement between the parties with respect to the Site, Content and products and services offered via the Site, and, unless otherwise expressly provided herein, it supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Site, Content and products and services sold via the Site. If any provision of this Agreement is found unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision. As so reformed or modified, the court shall fully enforce this Agreement. The provisions of this Agreement that by their content are intended to survive the expiration or termination of this Agreement, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination and interpretation of this Agreement, will survive the expiration or termination of this Agreement for their full statutory period.
The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement.
In addition to the disclaimers set forth elsewhere herein, PHR makes no representation that the Site, Content or other material or information on the Site is appropriate to or available in locations outside of the United States. You may not use the Site or export Content in violation of United States export laws, regulations or restrictions. If you access the Site from outside of the United States, you are responsible for compliance with all applicable laws and assume all liabilities and damages you may suffer or incur in connection therewith.
Effective Date: 11/09/2015
Children and Privacy
The PHR Site does not offer information intended to attract children. PHR does not knowingly solicit or collect personal information from children.
Collection and Use of your Personal Information
PHR collects personally identifiable information, such as your name and e-mail address, with your knowledge and consent and uses your personal information to administer the PHR Site and deliver the services you have requested. PHR may use your personally identifiable information to inform you of other products or services available from PHR and its affiliates. PHR may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
The PHR Site may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the PHR services or Sites you visit.
Security of your Personal Information
PHR maintains what we believe are reasonable and appropriate measures to secure your personal information from unauthorized access, use or disclosure. PHR strives to secure the personally identifiable information you provide on computer servers in a controlled environment but cannot guarantee or warrant the security of any information you disclose or transmit to us. Accordingly, PHR disclaims any responsibility for the theft, destruction, inadvertent disclosure or loss of such personally identifiable information.
Changes to this Privacy Statement