The following terms set out the terms and conditions (the “Terms”) on which OLAH Healthcare Technologies offers you access and use of its software, applications and services (the Applications”). Please read them carefully.
BY SUBSCRIBING AND/OR USING THE APPLICATIONS, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS. If you do not agree, you must not use the Applications.
• About the These Terms. These Terms serve as a contract between you and Olah Healthcare Technologies, Inc. and its affiliates and successors (“we” or “us”). These Terms are in electronic form and have the same effect as an agreement in writing. We may change these Terms at any time. The changes take effect after we post the changes. If you do not agree to the changes, you must discontinue your use of the Applications before the changes become effective. Otherwise, the new terms will apply to you.
2. About the Applications. We designed the Applications as an Internet-based environment in which users like you may receive certain medical information released at the discretion of your physician. The Applications also give you the opportunity to share certain information with others if you elect to do so. You are responsible for remembering your user ID and password to access the Applications. You are responsible for keeping this information secure and confidential. You can discontinue use of the Applications at any time by uninstalling the Applications on your device.
3. Registration and Activation.
• If you register to use the Applications, you shall provide us with true and accurate information about yourself and to keep such information up to date. You may only set up one account and profile. After you have activated your account for the Applications, you will have access to important messages from your physician and certain test results and other personal medical information via the Applications. You will need a user identification, such as an email address or mobile number, and a password to use the Applications. We will not send confidential information to your email or mobile accounts, but we will notify you whenever a new result, message, or other communication has been released by your physician.
• In order to sign up for the Applications, you must provide us with true, accurate and up-to-date information about yourself. You must be legally competent to enter into agreements. You must keep your information up to date. We may reject any request to sign up for an Application if we believe there is a violation of these terms. You authorize your health care provider, plan or payor to share information with us about you to facilitate your use of the Applications.
4. Your Acknowledgement. You understand and agree that (a) we and your physician provide the Applications only as a convenience tool, (b) the Applications provide you with online access to portions of your medical records, and (c) you are solely responsible for any sharing of your Applications’ content that you intentionally or unintentionally communicate to others. YOU HEREBY ASSUMES THE SOLE LIABILITY FOR YOUR ACTIONS IN USING THE APPLICATIONS AND YOU SHALL HOLD US HARMLESS AND DEFEND US AGAINST ALL DAMAGES RELATED TO SUCH USE.
5. Restrictions. You may not directly or indirectly use the Applications to:
• Copy, modify, distribute, sell or lease any part of the Applications;
• Attempt to extract the Applications’ source code (unless laws prohibit those restrictions);
• Export the Applications in violation of export laws;
• Scrape data or content from the Applications’ databases;
• Impersonate any person or entity;
• Create more than one user profile;
• Attempt to gain unauthorized access to the Applications and our computer network, or
• Damage, disable, impair, or otherwise our computer networks.
6. Suspension. We and your physician reserve the right, at our sole discretion, to suspend or discontinue your use of this Applications and to discontinue the general use of the Applications themselves.
7. Proprietary rights. Our licensors and we own all trademarks, copyright, database rights and other intellectual property rights of any nature in the Applications together with the underlying software code. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms. We may report any abuses to legal authorities.
9. License. We grant you a limited, revocable license to make personal use only of the Applications and associated services in accordance with these Terms. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Applications and the associated services, or making any derivative of the Applications.
10. Content. Any content you upload or share via the Applications belong to you; however, by submitting, posting, sharing or displaying content on or through the Applications, you give us the irrevocable, paid up, non-exclusive, and worldwide license to use, copy, process, adapt, modify, public, transmit, display and distribute such content. All content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such content. We may not monitor or control the content posted via the Applications and, we cannot take responsibility for such content. Any use or reliance on any content or materials obtained by you through the Applications is at your own risk. By posting, you represent that you own or have the necessary rights to post the content via the Applications, and that doing so doesn’t conflict with any other licenses or rights.
11. Security. You are solely responsible for maintaining the security of your user ID and password and protecting your device from access by others. We are not responsible if others can access your account because you failed to keep your password and device secure. You should change your password and security question and answer if you believe that your account has been compromised. We are not liable or responsible for any damages that result from your failure to keep your devices or password secure. While we use state-of-the-art security, no system can perfectly guard against risks of intentional intrusion or inadvertent disclosure of information. When using the Applications, information will be transmitted over a medium that is beyond our control. YOU EXPRESSLY ASSUME THE SOLE RISK OF ANY UNAUTHORIZED ACCESS AND/OR DISCLOSURE OR INTENTIONAL INTRUSION, OR OF ANY DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF APPLICATIONS, WHICH IS NOT ERROR FREE.
12. Mobile. If you access the Applications through mobile and/or wireless applications (e.g., cell phones), your carrier, such as a wireless carrier, may charge fees for alerts, text messaging (including receiving/sending instant messages and e-mail), web browsing and other services that require the use of airtime and wireless data services. Check with your carrier to verify whether there are any such fees that may apply to you. If you register for any features from the Applications that are delivered by text messages or short messaging service, you authorize delivery of such messaging services to the wireless unit and number designated by you, you acknowledge that you are responsible for determining any standard text messaging fees that you may incur from your carrier while using the service, and you authorize us to deliver the messaging service to you until you elect to opt out of such messaging service.
13. Term. Either you or we may cancel or terminate access to the Applications and terminate these Terms any time without notice and for any reason.
14. Disclaimer. WE PROVIDE THE APPLICATIONS “AS IS.” YOU AGREE THAT YOU USE THE APPLICATIONS ARE AT YOUR OWN RISK. WE DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE MAKE NO REPRESENTATIONS THE RESULTS YOU MAY ACHIEVE FROM USING THE APPLICATIONS, OR THAT THE APPLICATIONS WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. YOU UNDERSTAND AND AGREE THAT THE APPLICATIONS DO NOT PROVIDE MEDICAL ADVICE OR MEDICAL TREATMENT.
15. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL OUR OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS, AGENTS, REPRESENTATIVES, VENDORS, LICENSORS, DISTRIBUTORS, OR WE HAVE ANY LIABILITY TO YOU FOR ANY CONSEQUENTIAL, SPECIAL OR INDIRECT LOSSES. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE APPLICATIONS.
16. Indemnification. You agree to defend, indemnify and hold us, our officers, directors, employees, business partners and agents, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from (i) your obligations under these Terms, (ii) your use of the Applications, or (iii) your acts or omissions. You will cooperate as fully as reasonably required in the defense of any claim.
17. Copyright Policy. We respect the intellectual property rights of others and expects users of the Applications to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove content subject to a complaint without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we also will terminate a user’s account if the user is determined to be a repeat infringer. Under the U.S. Digital Millennium Copyright Act, our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
Olah Healthcare Technology, Inc.
Attn: Copyright Agent
4215 Worth Avenue, Suite 310
Columbus, Ohio 43219
18. General terms.
a. You may not assign your rights or obligations under these Terms. We may assign these terms at any time. You and we are independent contractors of each other. If a court of law finds any provision of these Terms as being unenforceable, the remaining terms of this agreement remain in force and effect. These Terms serve as the final and complete agreement between you and us regarding your use of the Applications.
b. You agree to accept all terms and notices electronically. These Terms shall be governed by, and interpreted under, the Laws of Ohio. YOU AGREE THAT ANY CLAIM REGARDING THESE TERMS OR THE SERVICE ARISES IN AND SHALL BE RESOLVED BY A COURT OF COMPETENT JURISDICTION IN FRANKLIN COUNTY, OHIO. The United Nations Convention on Contracts for the International Sale of Goods shall not govern these Terms. Sections 4,5, 7 and 14 through 18 survive termination of these Terms.
17. Supplemental Terms for Applications for Apple Devices. These terms supplement apply for users who use applications for the Applications on iPhones and iPad products provided by Apple, Inc. (“Apple”).
a. Provided that you comply with these Terms, we grant you a personal, limited, non-exclusive and non-transferable license to use our Applications on a single, authorized computing device for personal and internal business purposes and subject to the Usage Rules set forth in Apple’s App Store Terms of Service. This license does not entitle you to receive from us hard-copy documentation, support, telephone assistance, or enhancements or updates to the Applications.
b. You understand and agree that Apple has no obligation whatsoever to furnish any maintenance and support services regarding the Applications.
c. Apple shall not be responsible for any claims by your or any third relating to your possession and/or use of the Applications, including but not limited to (i) product liability claims, (ii) any claim that the Applications fail to conform to any applicable legal or regulatory requirement, (iii) claims arising under consumer protection laws or similar legislation, and (iv) claims by any third party that the Applications or your possession and use of the Applications infringe the intellectual property rights of the third party.
d. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that you are located in a country that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties.
e. You agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that upon your acceptance of these terms and conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms and conditions against you as a third-party beneficiary thereof. If you can any questions or comments regarding these terms and conditions, you may write to:
Olah Healthcare Technology
4215 Worth Avenue, Suite 310
Columbus, Ohio 43219
Last Updated 23 March 2018