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Quartet Health Terms of Use

WEBSITE TERMS OF USE

IMPORTANT, PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY. 

IN THE EVENT OF A MEDICAL EMERGENCY, CALL 911. DO NOT DISREGARD OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF CONTENT YOU HAVE READ ON THIS WEBSITE OR ADVICE OBTAINED THROUGH THIS WEBSITE. THIS WEBSITE DOES NOT CONTAIN MEDICAL ADVICE AND WE DO NOT MONITOR THIS WEBSITE OR COMMUNICATIONS FROM THIS WEBSITE FOR MEDICAL DIAGNOSTIC OR EMERGENCY HEALTH CARE PURPOSES.

Welcome to the Quartet Health Website!

Quartet Health, Inc. (“Quartet”) provides this website (“Website”) for your use conditioned on your acceptance of these Website Terms of Use (“Terms”). By accessing and using this Website, you are agreeing to these Terms.  If you do not agree to these Terms, please leave this Website.  As used on the Website, the terms “you” and “your” means any person who views, accesses, uses, or obtains information from the Website or who obtains information by monitoring activity to and from the Website.

BY USING OR OTHERWISE ACCESSING THE SERVICES, REGARDLESS OF WHETHER YOU REGISTER OR CREATE AN ACCOUNT THROUGH THE SERVICES, YOU AGREE TO THESE TERMS, INCLUDING THE INFORMATION PRACTICES DISCLOSED IN OUR PRIVACY POLICY. AS FURTHER DESCRIBED BELOW, YOU ALSO AGREE TO RESOLVE ANY DISPUTE THAT YOU MAY HAVE WITH US WITH RESPECT TO THE SERVICES IN THE STATE OF NEW YORK AND THROUGH BINDING INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU CANNOT USE THE SERVICES.

THIS WEBSITE AND ANY INFORMATION, MATERIAL, CONTENT AND SERVICES MADE AVAILABLE ON OR THROUGH THE WEBSITE ARE PROVIDED SUBJECT TO YOUR AGREEMENT WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR USE OF THIS WEBSITE WILL INDICATE YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PROMPTLY EXIT THIS WEBSITE.

Although Quartet attempts to ensure the integrity and accuracy of the content on the Website, it makes no guarantees whatsoever as to the correctness or accuracy of such content. It is possible that the Website and its content could include inaccuracies or errors, and third parties could make unauthorized additions, deletions and alterations to the Website. In the event you become aware of an inaccuracy, please inform security@quartethealth.com so that it can be corrected.

Will these Terms ever change?

We reserve the right to change the Terms at any time, but if we make any material changes, we will bring it to your attention by placing a notice on the Services, by sending you an email, and/or by some other means. If you don’t agree with the new Terms, you are free to reject them, but you may no longer be able to use some or all of the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

What are the basics of using the Services?

You may be required to sign up for an account and login using a username and password (“User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You represent that you have properly identified yourself by entering your own name and personal identifiers when registering for the Services and not those of any other person. You may not transfer your account to anyone else without our prior written permission. You’re responsible for any activity associated with your account, and for keeping your account password secure. You represent and warrant that you are an individual of legal age to form a binding contract. You will only use the Services only in a manner that complies with all laws that apply to you and for the purposes of care coordination and/or other purposes for which Quartet may provide or offer from time to time. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law. Should you choose to sign up for a Quartet account, your use of such web pages and services provided in such online forums may be subject to additional terms.

Your use of the Services is subject to the following additional restrictions:

You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:

  • Infringes or violates the intellectual property rights or any other rights of anyone else (including Quartet);
  • Violates any law or regulation, including any applicable export control laws;
  • Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  • Jeopardizes the security of your Quartet account or anyone else’s (such as allowing someone else to log in to the Services as you);
  • Attempts, in any manner, to obtain the password, account, or other security information from any other user;
  • Violates the security of any computer network, or cracks any passwords or security encryption codes;
  • Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
  • “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
  • Copies or stores any significant portion of the Content;
  • Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

What are my rights in the Services?

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Quartet’s) rights.

You understand that Quartet owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.

We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

What about health or medical information made available on the Services?

You understand and agree that the health information and other content appearing on the Services or developed with your input, whether you are a Healthcare provider or their patient; the input of the providers coordinating care; or by Quartet, as a Business Associate (defined under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as a person or entity that performs certain functions or activities that involve the use or disclosure of protected health information on behalf of, or provides services to, you or another Covered Entity) is for informational purposes only.

YOUR USE OF THE CONTENT IS SOLELY AT YOUR OWN RISK. THE CONTENT, WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE SITE OR THROUGH ANY OTHER COMMUNICATIONS FROM QUARTET, IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE. DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL 911 AND A HEALTH CARE PROFESSIONAL. YOUR USE OF THE CONTENT IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE.

Do I have to grant any licenses to Quartet or to other users?

Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission.” You grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent it relates to User Submissions that are also your personally-identifiable information. You hereby grant Quartet a royalty-free, perpetual, sublicenseable, irrevocable, and worldwide license to translate, modify and reproduce and otherwise act with respect to such User Submissions in order to operate the Services. This is a license only – your ownership in User Submissions is not affected.

Who is responsible for what I see and do on the Site?

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. You are responsible for all your activity in connection with the Services.

What if I want to stop using the Services?

You’re free to stop using the Services at any time, by contacting us at support@quartethealth.com or (877) 258-4010; please refer to our Privacy Policy as well as the licenses above, to understand how we treat information you provide to us. Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. Quartet is also free to terminate (or suspend access to) your use of the Services, for any reason in our discretion, including your breach of these Terms. Quartet has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

What is our mobile text message policy?

Consistent with our Privacy Policy some of our Services may allow you to receive SMS (text) notifications from us. To the extent your SMS notification settings permit us to send SMS messages to your mobile phone, the following terms apply:

In addition to any fee of which you are notified, your mobile provider’s standard messaging rates apply to our confirmation SMS and all subsequent SMS correspondence. You may choose to receive Quartet mobile SMS alerts by signing up. Message and data rates may apply, according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving SMS messages. Under no circumstances will Quartet, or its affiliates be responsible for any SMS messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit SMS messages, you may not receive the Quartet SMS alerts. Pre-paid phones or calling plans may not be supported. You may receive a bounceback message for every message you send to us.

We will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator. SMS message services are provided on an AS IS basis. Data obtained from you in connection with this SMS service may include your cell phone number, your provider’s name, and the date, time, and content of your messages. We may use this information to contact you and to provide the Services you request from us. We will never share this information with a third party, except as expressly provided in our Privacy Policy.

Intellectual Property Rights

The Website and its content is the property of Quartet, its affiliates or its third party sources and vendors. The Website and its content are protected by federal and international copyright and trademark laws. The distinctive and original layout and presentation of the Website also constitutes protectable trade dress under applicable federal law.  “Quartet” and the logo are service marks of Quartet Health. All other trademarks, service marks and logos used on this Website are the trademarks, service marks or logos of their respective owners.  Any unauthorized use of any trade dress, marks, or any other intellectual property belonging to Quartet or any third party is strictly prohibited, and may be prosecuted to the fullest extent of the law.

WARRANTY DISCLAIMER

Neither Quartet nor our licensors or suppliers make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services.

THE SERVICES AND CONTENT ARE PROVIDED BY QUARTET (AND OUR LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation on Liability

NEITHER QUARTET, ITS AFFILIATES, NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS ARE RESPONSIBLE OR LIABLE TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR ACCESS OR USE OF THE WEBSITE OR ANY OF ITS CONTENT OR SERVICES.

FURTHERMORE, NEITHER QUARTET, ITS AFFILIATES, NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS ARE OR WILL BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES OF ANY KIND ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE AND/OR ANY CONTENT ON THE WEBSITE, WHETHER SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF QUARTET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR ANY DAMAGE RESULTING FROM THE SITE IS TO STOP USING THE SITE, EVEN IF SUCH REMEDY SHOULD FAIL OF ITS ESSENTIAL PURPOSE.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

To the fullest extent allowed by applicable law, you shall defend, indemnify, and hold harmless Quartet, our affiliates and each of our and their respective employees, contractors, directors, suppliers, partners and representatives from all liabilities, claims, damages, losses and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the services and content we offer, violation of these Terms, or infringement by you, or any third party using your identity in the services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have on file (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Security/Passwords

Carefully choose, use, and save your passwords for any private access portion of this website, such as www.careteam.quartethealth.com or www.patient.quartethealth.com.  Quartet has no control over use of passwords, and cannot tell whether someone else is accessing the Website under your password. As a result you are solely responsible for any use of your password or other login information by you or any third party and Quartet has no responsibility or liability for any such use.

Third Party Websites

Quartet has no liability for any third party website that you may access through this Website. When you access a third party website, please understand that it is independent from Quartet, and that Quartet has no control over the Website or its content.

In addition, Quartet does not endorse any third party whose Website may be linked from this Website. Quartet does not and cannot ensure that the reliability, security or accuracy of any third party website and we encourage you to review the posted policies of any website that you visit.

Choice of Law, Venue in the Event of a Dispute

These Terms are governed by and will be construed under the laws of the State of New York, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in New York, New York, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in New York, New York. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND QUARTET ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Entire Agreement

These Website Terms of Use, along with the Quartet Privacy Policy and, if applicable, HIPAA Authorization constitute the entire agreement between Quartet and you pertaining to the subject matter hereof. If a court deems any provision of this Agreement unenforceable or invalid, then the court will modify such provision to the minimum extent necessary to make such provision enforceable and valid. Should such modification prove impossible or impracticable then the provision will be severed and the remaining terms of this Agreement interpreted and read to give them maximum enforceability.

December 21, 2017

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