1. CERTAIN IMPORTANT TERMS
Your use of the Services will likely result in the generation by our software of a report based on information that you supplied to us.
The report DOES NOT contain a diagnosis or advice and is not a substitute for evaluation and advice by a physician. Any statement in the report that there are no "red flags" does NOT mean that there is no need to consult a physician or that there is no problem. The report should not be interpreted or relied upon as a diagnosis or recommendation of any particular treatment or to forego treatment. You should seek and obtain the advice of your physician with any questions or concerns you may have regarding your medical or health condition. Do not delay seeking or disregard professional medical advice based on the report.
Our software is not designed or intended to determine whether or not you are suffering from a physical or mental disorder, to reach any conclusion regarding your physical or mental condition, or to replace a physician. We do not make, and hereby disclaim, any guaranty, representation, or warranty whatsoever, whether express or implied, regarding the software or the report, including but not limited to any warranty that the report meets any standards of any governmental authority or private insurer for any purpose, including but not limited to provision of or billing for health care services. You agree that we shall not be liable for any consequential damages and that our maximum liability with respect to any defect in the software or any report is limited to $100. You further agree to waive and release from liability and indemnify and hold harmless us and our directors, officers, managers, employees, and agents against and from all claims, causes of action, suits, and damages of any kind arising out of or relating to the report or your or your health professional's use or misuse of it, including but not limited to any decision to forego professional medical care or for any particular treatment or no treatment or to bill any governmental or private insurer at any particular rate for any service.
1.2 Use of Information
You consent to (i) our receipt and storage of the information, including personal health information, that you provide us through use of this website; (ii) our use of software on such information to produce reports of any kind for you; (iii) our disclosure of such information and/or reports to your physician or other health care provider; (iv) our use of such information and/or reports to create de-identified health information (by removing personally identifying information); and (v) our use and disclosure of such information and/or reports for any other purpose that federal law (HIPAA's Privacy Rule) permits without specific authorization of an individual. In particular, you consent to our aggregation of de-identified health information from many patients (including you) and our use, disclosure, license, and/or sale of such de-identified aggregated data for any purpose, including but not limited to research or analysis, by us or others, alone or in combination with other data, to identify, develop, or evaluate local, regional, or national health problems, needs, products, or services. You agree that we shall be the exclusive owner of any such compilation of de-identified aggregated data, and you assign any rights you may have in any such compilation to us.
4. ELIGIBILITY, REGISTRATION, AND ACCOUNT MAINTENANCE
To be eligible to register for and use any of the Services, you must, and you hereby do, represent and warrant that: (i) you are eighteen (18) years of age or older; (ii) you are not a competitor or acting for the benefit of a competitor of BonTriage; and (iii) your use of the Services is and will not be contrary to any applicable law.
4.2 Setting Up An Account
To access and use certain features and functions of the Services, you must have a user account. You may only register for one user account. You agree to provide accurate, current and complete information about you as may be prompted by any registration forms in the Services (“Registration Data”).
4.3 Maintenance of Your Account
You agree to (A) maintain and promptly update your Registration Data; (B) receive communications from us electronically; (C) maintain the confidentiality of your user password; (d) notify us immediately if you learn that the confidentiality of your password has been compromised; and (e) be fully responsible for all use of your account and for any actions that take place using your account and your password. It is your responsibility to prevent disclosure of your password and to change your password if you believe that its confidentiality has been compromised. You agree that BonTriage will not be liable for any loss or damage arising from any unauthorized access or use of your password or account.
5. FURTHER TERMS
5.1 Accuracy of User Information
You warrant and agree that all information that you provide to BonTriage in connection with your access to and use of the Services is, and shall be, true, accurate and complete to the best of your knowledge, ability and belief.
5.2 Certain Restrictions on UseYou agree that while accessing or using the Services you will not:
- represent yourself as another individual or as a fictitious individual;
- knowingly provide any false or misleading information;
- restrict or inhibit any other individual from using or enjoying the Services;
- disrupt or interfere with the Services or their operation or availability, alter or tamper with any part of the Services, or take any action that imposes or may impose, in our sole and exclusive discretion, an unreasonable or disproportionately large burden on our systems;
- bypass any measures we may use to present or restrict access to any of the Services, or otherwise attempt to gain access to data or information that you are not entitled to access;
- import, input, or transmit any data (i) that cannot be exported without prior written government authorization; (ii) in violation of a license agreement, contract, or other third party rights; or (iii) that contains a virus, Trojan horse, worm, or other disabling device or harmful component; or
- use the website, the software, or the Services for any purpose that is unlawful.
5.3 Compliance with Law
In connection with your access to the Services, you agree to comply with all applicable laws, regulations and policies of all relevant jurisdictions.
5.4 Links to Third Party Websites
This website may contain links to websites operated by other parties. These links are provided for your convenience only, and are not intended as an endorsement by BonTriage of any information that may be found on such third party websites. BonTriage does not make any guarantee, warranty, or representation regarding any third party websites, their manner of operation, or any information thereon.
5.5 Use of Internet
You recognize that when using our Services, information will be transmitted over the internet, a medium that is beyond our control. You assume the risk of any unauthorized disclosure or intentional intrusion, or of any delay, failure, interruption, or corruption of data or other information transmitted in connection with the use of our Services. You are solely responsible for all telecommunication or Internet connections required to access the Services, as well as all hardware and software at your site.
6. INTELLECTUAL PROPERTY MATTERS
6.1 License to Use the Services
6.2 Certain Use Restrictions
You agree that you shall not yourself or through any third party: (i) use the Services to act as a service bureau; (ii) copy or reproduce the Services; (iii) license, sublicense, sell, resell, market, lease, loan, rent, transfer, assign, distribute, disclose, or make accessible to any third party or otherwise commercially exploit the Services or grant any right to access or use the Services to any third party; (iv) modify or improve the Services or make derivative works based upon the Services; (v) decompile, disassemble, or reverse engineer any object code that is part of the Services or attempt to reverse engineer, reconstruct, identify, or discover any source code of the Services, the structure, sequence, or organization of such source code or any algorithms, methods, or models contained therein; (vi) remove any product identification, trademark, copyright, patent, or other notices or markings contained in, displayed by, or provided with the Services; or (vii) access or use the Services in order to build any Services, product, or service that is competitive or similar to the Services or any portion thereof.
7. WARRANTY AND DISCLAIMERS
7.1 Limited Warranty
BonTriage represents and warrants that the Services and the Content were not designed and are not made available with the intent to harm the health or property of any user.
7.2 WARRANTY DISCLAIMER
Except as expressly set forth in Section 7.1 (Limited Warranty), the Services and Content are supplied “AS IS,” “WHERE IS,” “WITH ALL FAULTS,” and without warranty of any kind. Except as expressly set forth in Section 7.1 (Limited Warranty), BonTriage does not make and hereby disclaims all warranties, express and implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, quality of information, quiet enjoyment, title, and non-infringement. BonTriage does not warrant that the Services or Content will meet your requirements or be error-free, or that defects in the Services or Content will be corrected.
7.3 NOT A SUBSTITUTE FOR MEDICAL ADVICE
The Services and the Content are designed and intended for consideration by a physician and are not a substitute for the professional judgment of a physician in diagnosing and treating patients. BonTriage assumes no liability, warranty, or responsibility whatsoever with respect to the use of the Services or the Content by you or by any health care provider in connection with diagnosis or treatment of you or any patient. In providing the Services and the Content, no recommendations are given or implied by BonTriage as to diagnosis or treatment of you or any other individual. The Services do not provide a plan for the treatment of a patient and do not constitute medical advice.
9. LIMITATION OF LIABILITY
10. TERM AND TERMINATION
BonTriage may suspend your access to the Services or any part thereof at any time, at our sole discretion, without notice or liability.
11.3 Governing Law
If any provision of this Agreement or the application of any such provision shall be held by a tribunal or court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall continue in full force and effect.
11.6 Entire Agreement