PatientVault™
Terms of Service and User Agreement
PatientVault™ ("Licensed Application")
is a Personal Health Record owned by NeoDeck Holdings, Corp.
("NeoDeck", "Licensor") By using PatientVault™ , YOU
("User") expressly agree to the following Terms and Conditions, and
any policies, guidelines or amendments thereto that may be presented to you
from time to time.
The PatientVault™ TERMS OF SERVICE AND USER
AGREEMENT ("Agreement") is a legally binding contract
between You and NeoDeck Holdings, Corp. We may revise these
Terms at any time. The updated version will be posted at www.PatientVault™.com.
You agree that you will visit the previously mentioned web page periodically to
review the most current Terms, because you are bound by them. Your
continued use of PatientVault™ after a change or update to these
Terms or to the Licensed Application constitutes your binding acceptance of
these Terms and their updates. If you disagree with the changes made to
the Licensed Application and/or updates to the Agreement, your exclusive remedy
is to stop using the Licensed Application,
You understand and agree that the Application is provided
to you "AS IS" and on an "AS AVAILABLE" basis. Your use
of PatientVault™ is at your own sole risk. NeoDeck makes no
warranty that the App will meet your requirements or be available on an
uninterrupted or error-free basis.
I. TERMS AND CONDITIONS
I.A. MEDICAL ADVICE AND ENDORSEMENT
PatientVault™ DOES NOT OFFER OR PROVIDE ANY
MEDICAL ADVICE, NOR DOES LICENSOR PROVIDES ANY GUIDANCE OR SUGGESTED TREATMENT
FOR YOUR PARTICULAR SITUATION OR ANY OTHER FORM OF MEDICAL TREATMENT.
ANY CONTENT ACCESSED OR OBTAINED
THROUGH PatientVault™ IS FOR INFORMATIONAL PURPOSES
ONLY. PatientVault™ IS NOT INTENDED TO COVER, NOR DOES IT PURPORT TO
COVER ALL POSSIBLE, USES, DIRECTIONS, PRECAUTIONS, DRUG INTERACTIONS, OR
ADVERSE EFFECTS. THIS CONTENT SHOULD NOT BE USED DURING A MEDICAL EMERGENCY OR
FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. PLEASE CONSULT YOUR
PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTION
ABOUT A MEDICAL CONDITION, OR BEFORE TAKING ANY DRUG, CHANGING YOUR DIET OR
COMMENCING OR DISCUNTINUING ANY COURSE OF TREATMENT. LICENSOR NERVER ENDORSES
ANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS OR OTHER MEDICAL
INFORMATION. RELIANCE ON ANY INFORMATION PROVIDED BY THE LICENSED APPLICATION,
WHETHER YOU ARE A RECEIVER OR PROVIDER OF HEALTHCARE SERVICES, IS SOLELY AT
YOUR OWN RISK.
LICENSOR ONLY OFFERS A PLATFORM THAT ALLOWS YOU TO
MAINTAIN A MEDICAL LOG OR DIARY.
DO NOT IGNORE OR DELAY OBTAINING PROFESSIONAL MEDICAL
ADVICE BECAUSE OF ANY INFORMATION ACCESSED TROUGH PatientVault™. YOU
SHOULD ALWAYS SEEK MEDICAL ADVICE FROM YOUR PREFERED HEALTHCARE PROVIDER
REGARDING YOUR HEALTH AND WELLNESS. YOU ARE INSTRUCTED TO CALL 911 OR YOUR
DOCTOR IN THE EVENT OF A MEDICAL EMERGENCY. NEODECK, ITS SUBSIDIARIES AND
AFFILIATED COMPANIES ARE NOT RESPONSIBLE NOR ASSUME ANY LIABILITY FOR ANY
SERVICES PROVIDED OR NOT PROVIDED BY MEDICAL PROFESSIONALS WHO TREAT YOU.
PatientVault™ provides you the capability to
maintain a medical log or diary and access it through a mobile device connected
to the Internet. It also provides the capability to contact your doctor or
health provider through an instant messaging interface (Both, the Provider and
the User must be using the Service to use this feature).
I.B. ACCOUNT ACTIVATION AND USE OF THE LICENSED
APPLICATION
To access PatientVault™ you must create an
account. There are two (2) ways of creating a PatientVault™ account:
(i)
Downloading and installing the application on your mobile device, and creating an account on the interface provided by PatientVault™.
(ii)
Your doctor or health provider can create an account on your behalf.
Your doctor or healthcare provider must receive your express authorization in
order to create the account. After creating the account, you will be provided
with a pin number and temporary password. You must change the temporary
password the next time you access the Licensed Application.
Once you've created a PatientVault™ account
you may access the application and its services. You are responsible for the
security of your password and Pin Number and for any use of
your PatientVault™ account. You must immediately notify any
unauthorized use or presumption of unauthorized use of your password, pin
number and/or account by sending an e-mail to info@PatientVault™.com.
Your Doctor, healthcare provider or their authorized
personnel will post your medical health record information, updates to your
medical health records and/or other clinical information related to you,
confidentially and directly from the Doctor's office using their Electronic
Health Record Software. NeoDeck, its subsidiaries, affiliates, officers,
directors, agents, employees, advertisers, licensors, suppliers and/or partners
are not responsible for any medical information or any type of clinical
information posted to the application related, but not limited to, any
treatment, directions, precautions, drug interactions, or adverse effects. NeoDeck and
Partners will not post nor will have the capability to post any medical health
record or information to your medical health records, all of the healthcare or
clinical information will come directly from your doctor or healthcare provider.
YOUR USE OF PatientVault™ IS AT YOUR OWN SOLE
RISK AND ANY CONTENT ACCESSED OR OBTAINED THROUGH THE LICENSED APPLICATION
MUST COMPLY WITH ALL THE APPLICABLE LAWS, REGULATIONS AND ORDINANCES, INCLUDING
ANY LAWS REGARDING THE EXPORT OF DATA OR SOFTWARE.
You must be at least eighteen (18) years old to use or
access PatientVault™. PatientVault™ is not intended for use by
minors and should not be used by minors.
The Licensed Application provides the capability to
add information about another person. If you enter information to the Licensed
Application about another person (dependent or family member), you expressly
represent and warrant that you have all required consents and authorizations to
do so. If your actions cause any claim, demand, suit or proceeding to be made
or brought against NeoDeck by a third party: (a) alleging that your
use of the Licensed Application infringes or misappropriates privacy rights or
intellectual property of a third party; (b) alleging that your use of the Licensed
Application violates applicable law; (c) arising from any data or security
breach caused by you; and/or (d) related to a dispute between you and a third
party , then you shall defend, indemnify and hold the Licensor harmless from
any related damages, attorney' fees and costs.
Licensor reserves the right to modify, suspend or
discontinue the Licensed Application and to charge fees for access to the
Licensed Application. Some aspects or services of Licensor's service may not be
available to all users. Neither the Licensor, its subsidiaries nor affiliates
shall be liable to you or any third party for any modification, suspension use,
inability to use or discontinuance of the Licensed Application.
You acknowledge that PatientVault™ services
may require an internet connection for which you are solely responsible.
Furthermore, You are solely responsible for payment of any third
party fees associated with your internet connection, including but not limited
to internet service provider, mobile service provider, or any other charges.
The provision, quality and security of such internet connectivity are the sole
responsibility of You and the third party providing such service.
II. PROPIETARY RIGHTS
You acknowledge, understand and agree
that NeoDeck has sole and exclusive ownership of all right, title and
interest in and to any and all materials on the Licensed Application, including
all designs and information, marketing images (including but not limited to
trademarks and other logos), designs, plans and tools, and all other service,
marketing and business-related information and data. You further acknowledge,
represent and warrant that you have not acquired, and shall not acquire by
operation of law, these Terms of Use, or otherwise, any right, title, interest,
or other ownership in/or to the Content.
You acknowledge and agree
that PatientVault™ and any necessary software used in connection
with PatientVault™ contains proprietary and confidential information
that is protected by applicable intellectual property and other laws and
treaties. You further acknowledge and agree that Content contained in sponsor
advertisements or presented to you through PatientVault™ is protected
by copyrights, trademarks, service marks, patents or other proprietary rights
and laws.
Subject to these Terms, NeoDeck grants you a
personal, non-transferable, non-exclusive and revocable right and license to
use PatientVault™; provided that you do not (and do not allow any third
party to) copy, modify, adapt, arrange, translate, decompile, disassemble,
create derivative work of, reverse engineer, reverse assemble or otherwise
transfer any right in the software, unless such activity is expressly permitted
or required by law or has been expressly authorized by NeoDeck in
writing.
You agree not to use modified versions
of PatientVault™. You agree not to access PatientVault™ by any
means other than through the interface that is provided
by NeoDeck and furthermore you agree not to interfere with or disrupt
the proper operation of PatientVault™ in any way.
You may not create any derivative works, attempt to
create the source code from the object code, or download or use any Property
for any purpose other than as expressly permitted. You may not bypass, disable,
or circumvent any encryption, security, and digital rights management or
authentication mechanism in connection with PatientVault™. You acknowledge
that PatientVault™ and content or services
provided trough PatientVault™ may contain security or technical
features that will prevent use of such content or services in violation of these
Terms and Conditions. Property is not licensed to you for resale, public
performance, display, distribution or broadcast.
III. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE
OF PatientVault™ IS AT YOUR SOLE RISK. PatientVault™ IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
NEODECK, ITS SUBSIDIARIES AND AFFILLIATES DO NOT
WARRANT THAT: (i) PatientVault™ WILL MEET YOUR REQUIREMENTS;
(ii) PatientVault™ WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF PatientVault™ WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF
ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL DOWNLOADED, OBTAINED OR
ACCESSED BY YOU THROUGH PatientVault™ WILL MEET YOUR EXPECTATIONS; (v)
SERVER THAT MAKES IT IS FREE VIRUSES OR OTHER HARMFULL COMPONENTS; AND (vi) ANY
ERRORS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, TO THE MAXIMUM EXTENT
PERMITED BY LAW, NEODECK, ITS SUBSIDIARIES AND AFFILIATES EXPRESSLY
DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF PatientVault™ IS DONE AT YOUR OWN DISCRETION AND YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PHONE, MOBILE DEVICE, COMPUTER
SYSTEM OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR
ACCESS OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM NEODECK OR PatientVault™ THROUGH OR FROM NEODECK
OR PatientVault™ SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THE TERMS.
You acknowledge that in connection
to PatientVault™, information will be transmitted over local exchange,
inter-exchange and internet carrier or provider lines and through routers,
switches and other devices owned, maintained and serviced by third party local
exchange and long distance carriers, utilities, internet service providers and
others, all of which are beyond the control and jurisdiction
of NeoDeck ,its subsidiaries, affiliates and suppliers.
Accordingly, NeoDeck assumes no liability for or relating to the
delay, failure, interruption or corruption of any data or other information
transmitted in connection with the use of PatientVault™.
IV. EXTERNAL LINKS
On PatientVault™ you may be offered links to
other websites operated by parties other than NeoDeck. The inclusion of
any link to such websites does not imply endorsement by NeoDeck of
those websites. NeoDeck has not reviewed all of the websites linked
to PatientVault™ or the Licensed Application's hosting website and is
not responsible for the content or accuracy of any off-app pages or any other
sites linked to or that may be
accessed through PatientVault™. Your linking to any page or
website is at your own risk and is subject to the terms and conditions of any
such website.
V. INDEMNIFICATION
You agree to hold harmless and indemnify NeoDeck,
its subsidiaries, affiliates, officers, directors, agents, employees,
advertisers, licensors, suppliers and/or partners (collectively
"NeoDeck and Partners") from and against any claims, actions,
demands, liability or expenses, losses, damages (actual or consequential),
suits, judgments, litigation costs and attorneys fees of every kind
and nature, and settlements arising from, alleged to result from, or
in anyway related to (i) Your use of PatientVault™ or any
other NEODECK Service; (ii) Any violation or alleged violation of these Terms
and; (iii) Violations or alleged violations of any applicable law. In such
case, NeoDeck will provide you with written notice of such claim,
suit or action and shall reasonably cooperate with you, at your expense, in
your defense of any such claim, suit or proceeding.
VI. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEODECK, ITS
SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR EXPENSES WHATSOEVER,
INCLUDING BUT NOT LIMITED TO, HEALTH PROBLEMS, INCIDENTAL AND CONSEQUENTIAL
DAMAGES, LOST DATA, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA, BUSINESS
INTERRUPTON, OR OTHER TANGIBLE OR INTANGIBLE LOSSES RESULTING FROM: (i) THE USE
OR THE INABILITY TO USE PatientVault™; (ii) THE CONTENT
ON PatientVault™ OR ACCESSED THROUGH THE APP, WHETHER BASED ON
WARRANTY, CONTRACT, TORT OR ANY LEGAL THEORY, AND WHETHER OR NOT NEODECK, ITS
SUBSIDIARIES AND/OR ADDILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON PatientVault™; OR (v) ANY
OTHER MATTER RELATING TO PatientVault™, NEODECK, ITS SUBSIDIARIES AND
AFFILIATES. NEODECK SHALL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO
EXCEED U.S. $100.00 (ONE HUNDRED DOLLARS).
You agree that NeoDeck has no responsibility
or liability for the deletion or failure to store any content and other
communications maintained or transmitted by or through PatientVault™. You
acknowledge that NeoDeck retains the right, at our sole discretion,
to create limit at any time with or without notice the amount of data or
transmissions you may send or receive trough PatientVault™.
VII. TERMINATION
You agree that NeoDeck, in its sole discretion,
may terminate your use PatientVault™, or any other service provided
thereon, if NeoDeck reasonably believes that you have violated or
otherwise acted inconsistently with these Agreement, the Terms of Use, or
violated the rights of NeoDeck, its subsidiaries and/or affiliates or any third
party, or for any other reason with or without notice to you. In the event of
termination, your account will be disabled and you may not be granted access
to PatientVault™, any of its services, your account or any files or other
content contained in your account. You agree that NeoDeck will not be
liable to you or any third party as a result of such modification or
discontinuation.
VIII. JURISDICTION
You expressly agree that exclusive jurisdiction for
any dispute or legal action relating to your use of PatientVault™, resides
in the courts of the municipality of Ponce in the Commonwealth of Puerto Rico
and you further agree and expressly consent to the exercise of personal
jurisdiction in the courts of the Commonwealth of Puerto Rico in connection
with any such dispute, including any claim involving NeoDeck Holdings,
Corp., its subsidiaries, affiliates, employees, officials, directors and
contractors. These Terms of Use are governed by the laws of the Commonwealth of
Puerto Rico, irrespective of its conflict of laws principles.
IX. SEVERABILITY
If any of the provisions of this Agreement are found
by court of competent jurisdiction to be invalided, unenforceable, null or
invalid by court of competent jurisdiction, the reminder of this Agreement
shall continue in full force and effect.