Explanation of Terms of Service
The following terms and conditions, together with any documents expressly incorporated by reference (collectively, these “Terms of Service”), govern your access to and use of Revon Systems, Inc.’s health information and care management software (hereinafter, the “Revon Technology”). Please read these Terms of Service carefully as agreeing to them forms a legally binding contract between you and Revon Systems, Inc. (hereinafter, the “Company”). By clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service. If you do not agree to these Terms of Service, you must not access or use the Revon Technology.
Access to Data and Revon Technology
With the Revon Technology, you, your doctor(s), and other healthcare entities (e.g., insurance companies) can submit information to be organized and maintained by the Company so that you and the doctors who may provide you with care can easily access it as needed. Upon your acceptance of these Terms of Service, the Company grants you a non-exclusive, nontransferable license to use the Revon Technology to submit health information for the Company to organize and maintain, and to access information that you or others have submitted which is related to your health. You may submit information in a variety of ways, including by uploading files you have access to, establishing connections with various devices you may own, such as heart rate monitors, and providing answers to questionnaires which may be presented to you by the Revon Technology. You agree that the Company may use data you submit, or data which others submit which is related to your health, your health care, or payment for your health care, in any lawful manner, including by removing identifying information from that data and using the de-identified data for commercial, research or other purposes. However, the Company agrees that it will not use any information which identifies you and which is related to your health, your health care, or payment for your health care, for any purpose other than allowing health care professionals to provide care, unless you give the Company permission to do so. By agreeing to these Terms of Service, you agree that doctors may use the Revon Technology to access your information for the purpose of providing you care, and may also submit information about the care they give you, such as what medications they prescribe and what instructions they may provide for managing your health or handling an emergency. Before allowing any doctor access to the Revon Technology, the Company will require that doctor to agree, by agreeing to be bound by terms similar to those set forth in these Terms of Service, that he or she will not access or use your personally identifiable health information except for the purpose of providing you care or as may otherwise be required or allowed by law. Also, by agreeing to these Terms of Service, you agree that you will not submit any information using the Revon Technology other than information which either (i) relates solely to your health, your health care or payment for your health care, or (ii) relates solely to the health, health care or payment for health care of a third party who has given you permission to submit that information.
You acknowledge and agree that, while Company will store and maintain information that is submitted to it, it is not responsible for the accuracy, completeness, timeliness, quality or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any information you may obtain using the Revon Technology.
You also acknowledge that misuse of information which identifies another individual and pertains to that individual’s health, health care, or payment for health care, may be a criminal offense. You agree that, in the event you access information relating to another individual’s health, health care, or payment for health care, using the Revon Technology, you will report such access to the Company immediately, will keep the accessed information confidential unless instructed otherwise by the Company, and will cooperate with the Company in responding to the access, including taking an reasonable actions to mitigate any harm that might result from such access.
The Company may revise and update these Terms of Service from time to time in its sole discretion. The Company will inform you if it updates these Terms of Service and may require your assent to the updated Terms of Service before allowing your continued use of the Revon Technology.
The Company may, from time to time in its sole discretion, develop and provide updates to the Revon Technology, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that the Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
If the Revon Technology is provided to you in the form of an application downloaded to a mobile device, based on the settings of that device, when it is connected to the internet either:
(a) the Revon Technology will automatically download and install all available Updates; or
(b) you may receive notice of or be prompted to download and install available Updates.
We recommend that you promptly download and install all Updates. You acknowledge and agree that the Revon Technology or portions thereof may not properly operate if you don’t download and install Updates. You further agree that all Updates will be deemed part of the Revon Technology and be subject to all terms and conditions set forth in these Terms of Service.
You agree that you will treat your user name, password, and/or other security or identifying information you choose or are provided as confidential, and that you will not disclose such information to any other person or entity unless you are required to do so by law, in which case you will inform the Company prior to making the disclosure, and will only disclose your identifying information to the extent necessary to comply with the legal requirement. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Revon Technology or portions of it using your user name, password or other security information. You agree to notify the Company immediately of any unauthorized access to or use of your user name or password or any other breach of security and to assist the Company in mitigating any inappropriate use or disclosure of the information as may be reasonably requested by Company. You also agree to protect any physical devices you own or control which you use to access the Revon Technology, and to ensure that you exit from your account at the end of each session. If you access your account from a public or shared computer, you should use particular caution when doing so to prevent others from viewing or recording your password or other personal information.
The Company reserves the right to monitor and audit all use of the Revon Technology, and to disable any user name, password or other identifier, whether chosen by you or provided by the Company, at any time in its sole discretion for any or no reason, including if, in the Company’s opinion, you have violated any provision of these Terms of Service.
The Revon Technology, including any material (other than data submitted by you or a third party) which can be accessed through or provided by the Revon Technology, is the sole property of the Company or its licensors and is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Except as expressly permitted by these Terms of Service, you may not, and agree that you will not, and will not permit or assist others to:
• copy the Revon Technology, or any part thereof, except as expressly permitted by this license;
• modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Revon Technology, or any part thereof;
• reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Revon Technology or any part thereof;
• remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Revon Technology, including any part or copy thereof; or
• rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Revon Technology or any features or functionality of the Revon Technology, or any part thereof, to any third party for any reason, including by making the Revon Technology available on a network where it is capable of being accessed by more than one device at any time.
You further acknowledge that the data submitted by you and third parties is maintained by the Company as a compilation, and that both this compilation, and any de-identified data or compilation of such de-identified data derived by the Company from data submitted by you or third parties, are trade secrets of the Company which derive independent economic value from not being generally known or readily discernable by proper means. You agree that, except as explicitly permitted by this license, you will not access or attempt to access such trade secrets. You also agree that you will not, and will not permit or assist others to, use the Revon Technology or data accessed through the Revon Technology to create similar compilations, de-identified data, or compilations of de-identified data.
You and the Company both agree that the Company will be irreparably harmed by any breach of this section or other misappropriation or threatened misappropriation of its trade secrets, and that money damages will not be a sufficient remedy for such breach, misappropriation or threatened misappropriation, and that, accordingly, the Company will be entitled to equitable relief, including, without limitation, injunction and specific performance, in the event of any breach of this section or misappropriation or threatened misappropriation of the Company’s trade secrets. Such remedies shall not be deemed to be the exclusive remedies for breach of this section but shall be in addition to all other remedies available at law or in equity.
The Company is a business associate of your physician and agrees to comply with the privacy and security provisions of the Health Insurance Portability and Accountability Act of 1996 as amended by the Health Information Technology for Economic and Clinical Health Act and the regulations promulgated thereunder, as amended from time to time, as applicable to Company’s operations.
Term and Termination
The term of these Terms of Service commences when you click to accept or agree to the Terms of Service (the “Acceptance Date”), will continue in effect for a period of one year thereafter, and will automatically renew for a further one year period on each anniversary of the Acceptance Date except if terminated by either you or the Company as set forth in this section.
You may terminate these Terms of Service by following the instructions provided by the Revon Technology when you select the “Deactivate My Account” option through the Revon Technology.
Company may terminate these Terms of Service and/or deactivate your account at any time for any reason or no reason whatsoever.
Upon termination all rights granted to you by these Terms of Service will also terminate.
Termination will not limit any of Company’s rights or remedies at law or in equity.
Disclaimer of Warranties
THE REVON TECHNOLOGY and all information obtained using the Revon Technology IS PROVIDED “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE REVON TECHNOLOGY, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE REVON TECHNOLOGY or any data obtained using the Revon Technology WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation on Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE REVON TECHNOLOGY or any information accessed through or provided by the Revon Technology or the use of the Revon Technology or any information accessed using or provided by the Revon Technology by a third party to provide care to you FOR:
(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES
(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE Revon Technology.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless Company and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your misuse of the Revon Technology or your breach of these Terms of Service. Furthermore, you agree that Company assumes no responsibility for the content submitted, accessed or made available through the Revon Technology by you or any other person.
Governing Law and Jurisdiction
All matters relating to the Revon Technology and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Revon Technology shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE REVON TECHNOLOGY MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver of by the Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.