Last revised on August 16, 2020
WELCOME TO MICROHEALTH. OUR COMPANY PROVIDES SERVICES COMPRISED OF INTERACTIVE MOBILE APPS AND THIS WEBSITE. ACCEPTANCE OF THE FOLLOWING TERMS OF USE IS REQUIRED BEFORE YOU CAN ACCESS THE INFORMATION ON OR USE THE SERVICES PROVIDED BY MICROHEALTH. CAREFULLY READ ALL OF THE TERMS OF USE BEFORE PROCEEDING. THESE TERMS OF USE ARE APPLICABLE TO ALL USERS OF THE SYSTEM.
IN ADDITION, WHEN USING PARTICULAR FEATURES AND SERVICES ON THE SYSTEM, YOU WILL BE SUBJECT TO ANY POSTED GUIDELINES AND RULES APPLICABLE TO SUCH FEATURES AND SERVICES, ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE.
For ease of reference, the System, including all of the features and functionality of both the mobile service and the website (referred to herein as the “Site”), together with all of its content (whether accessible wirelessly, electronically or downloadable for printing), shall be referred to herein as the “System,” and all services provided by or otherwise made available to you by the System shall be referred to herein as the “Services.”
As used in these Terms of Use, the terms “user,” “you” and “your” are intended to refer, individually and collectively, to each and all users of the System (regardless of the means by which you access the System) including, without limitation, patients, members of a health plan, or employees (“patients”), healthcare service providers or payers, disease management organizations, case managers and all other individuals who are involved in the management or care of the patients. “As used in these Terms of Use, the term “MicroHealth” includes other parties named on the Site. Unless otherwise stated on the Site or in these Terms of Use, these parties have a contractual relationship with MicroHealth Inc. and you undertake the same obligations to these parties under these Terms of Use.”
Purpose of the System The contents of this System, such as text, graphics, images, information and other materials contained on the MicroHealth Site (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the MicroHealth Site.
The purpose of the System is to provide patients with digital health tools to better manage certain chronic conditions and to share information with those involved in the management of their care. This tools include electronic reminders concerning medication, a personal and password-protected database for entry and later access of data relevant to managed treatment of chronic conditions, and applications to permit those involved in the management or care of patients FOR NON-EMERGENCY REASONS ONLY to access personal data of the patients and provide modified treatments via the System or electronic messages delivered through the System.
If you think you may have a medical emergency, call your doctor or 911 immediately. MicroHealth does not recommend or endorse any specific products, physicians, procedures, opinions, or other information that may be mentioned on the Site.
Scope of these Terms of Use MicroHealth maintains this System for your personal use. By using this System, or by bypassing these Terms of Use in any way (for example, by linking to a page within this Site), you are entering into an agreement with MicroHealth to be bound by the then-current version of these Terms of Use. You are also bound by all applicable laws. This is the entire agreement between you and MicroHealth relating to your use of this System at this time. MicroHealth has the right to revise these Terms of Use at any time, and such revisions shall be effective when MicroHealth posts them on this Site. Each time you use this System, you agree to be bound by the version of these Terms of Use posted on this Site at that time.
Your Representation You represent that you are acting on behalf of yourself personally (or that you are a parent or guardian acting for a patient who is under 13 years of age or incapacitated) and that you will use this System solely for management of your personal condition or to participate in activities oriented to benefit the patient communities that we serve. If you are not acting on behalf of yourself personally or a dependent, you represent that you are or are employed by a licensed healthcare professional or other organization involved in the management or care of patients, that you are acting on behalf of patients having the conditions that MicroHealth covers, who are under your management or care for that condition, and if acting on behalf of your employer, you are authorized to accept these Terms of Use on its behalf (such employer being hereinafter referred to as you).
You represent that you understand that:
You should not consider the content of the System to constitute medical advice or a substitute for seeing your healthcare provider responsible for your treatment and care of your condition. ALL OF THE MATERIAL PROVIDED ON THE SITE, SUCH AS TEXT, TREATMENTS, DOSAGES, OUTCOMES, CHARTS, PATIENT PROFILES, GRAPHICS, PHOTOGRAPHS, IMAGES, ADVICE, MESSAGES, FORUM POSTINGS, AND ANY OTHER MATERIAL PROVIDED ON THE SITE ARE FOR INFORMATIONAL PURPOSES ONLY. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR HEALTH. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS SITE. MICROHEALTH DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SITE. RELIANCE ON ANY INFORMATION PROVIDED BY MICROHEALTH OR BY OTHER MEMBERS IS SOLELY AT YOUR OWN RISK. Healthcare providers and others involved in the management or care of patients are NOT responsible for any of the following: (i) logging into, or accessing, the System to review any data associated with patients or regarding patient condition; or (ii) obtaining or retrieving patient monitoring or other data from the System. Healthcare providers and others involved in the management or care of patients may, in their discretion, choose to deliver messages through the System, including regarding patient medications and treatment. The message center of the System should only be used for non-emergency issues. If you are a patient, you further represent that you understand that: If you experience any serious problem or need immediate medical assistance, you agree to immediately call your healthcare provider or 911 for emergency help. If you discover any inaccurate information regarding your condition on the System, you agree to immediately inform your healthcare provider. The clinical treatment and medications prescribed by your healthcare provider may be determined independent of, and without input from, the System. You agree that you have read and understand these Terms of Use.
License Grant MicroHealth grants you a non-transferable, non-exclusive personal license (a) to access and use the System, the Site and the Services, (b) to upload onto your personal cell phone, PDA or other handheld wireless communication device software from the System intended to facilitate communication with such devices, and to print from the System for your personal use only. No license is granted to any third party and you have no right to make available to anyone access to the System, the Site or the Services. You have no right or license to use the System, the Site or Services for the benefit of another, except if you are a licensed healthcare provider, or other individual involved in the management or care of a patient, and you are using the System for the benefit of the patient.
Ownership of Materials on the System MicroHealth is, unless otherwise stated, the owner of all copyright, trademark, patent, trade secrets, database and other proprietary rights in the System, including without limitation, the Site. Without limitation of the foregoing, we own a copyright in the entire System, including without limitation, the Site, as a collective work and/or compilation, and in the selection, co-ordination and arrangement of the information and content in the System. You may not publish, distribute, extract, re-utilize, or reproduce any part of the System in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with the limited use license set out in these Terms of Use or as permitted by the United States Copyright Act. Except as expressly provided in these Terms of Use and the copyright notice, we grant no rights to you under any patents, copyrights, trademarks, trade secrets or any other proprietary rights.
You may not modify or copy in any way any content you obtain from this System, including without limitation, the Site, distribute or transmit it to any other person or company for commercial purposes, frame or otherwise display any of the content of this System on your own or any other website, use such content in any way that is competitive with MicroHealth or that disparages MicroHealth, mass distribute such content through electronic or other means, or make any other use of such content. Such modification, distribution or transmission, display, or use shall constitute a breach of these Terms of Use and infringe MicroHealth’s copyrights, patents, trademarks, trade secrets, and/or other intellectual property rights owned by or licensed to MicroHealth. You may not decompile, reverse engineer or reverse assemble any portion of the System or underlying software. If you download and/or print any content of this System, you agree to maintain any and all patent, copyright, trademark notices and other notices or statements of proprietary rights appearing on such content and to not remove, obliterate or cancel from view any such notices or statements. MicroHealth has no right or authority to authorize you to use, download, print, copy, modify, display, distribute, or transmit any content of any other website that you may access from the System. You have no right or license to use the System for the benefit of another in an external service bureau or time-sharing arrangement or otherwise with a user not licensed by MicroHealth, except if you are a licensed healthcare provider, or other individual involved in the management or care of a patient, and you are using the System for the benefit of your patient. Under limited circumstances, the System may permit you to create and upload text, information and content. You hereby represent and warrant that you have the right to such text, information and content and that none of the text, information and content violates the copyright, patent, trademark, trade secret and/or other intellectual property of any other party. MicroHealth reserves the right to remove any text, information or content uploaded by you that it determines infringes on any other party’s copyrights, trademarks, trade secrets, and/or other intellectual property rights, or that MicroHealth otherwise determines is inappropriate.
Links to or from this Website You may not create a link from your website or any other Internet location to this Site without the express written permission of MicroHealth. If MicroHealth grants you permission to link to this Site, MicroHealth reserves the right to revoke such permission at any time. If such permission is revoked, you agree that your failure to sever such link immediately will cause MicroHealth immediate and irreparable injury.
Any links to other websites or Internet locations from this System have been provided for your convenience only. MicroHealth does not endorse, sponsor, or approve any of the content of any websites or locations to which this System is linked. MicroHealth may not be aware of all sites to which this System is linked. MicroHealth has no control over any of the websites or other Internet locations that you may access through this System, or from which you access this System, and is not responsible for the content or accuracy of the content of any such websites or locations. If you access any other website or Internet locations through this System, you do so at your own risk.
Confidential Information Except for Personal Information you may enter into your personal, password-protected page for the purpose of this service, we do not solicit nor do we wish to receive any personal, confidential, secret or proprietary information or other material from you either through the System, any of its services, by e-mail, or in any other way. Unless otherwise expressly agreed in writing prior to your submission to us, any comments, feedback, information or other material submitted or sent to us will be deemed not to be confidential or secret. By submitting or sending comments, feedback, information or other material to us you represent and warrant that the information and material is original to you and that no other party has any rights to the information or material. We shall have the unrestricted, worldwide right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any such information and material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any “moral rights” in posted information and materials have been waived.
Personal Information The ways in which the System gathers and uses your personal information is set forth in MicroHealth’s Privacy Policy.
Your Personal Information is password protected, and any Personal Information you provide to the System is protected from unauthorized disclosure by reasonable technological measures. We recommend that you do not divulge your password to anyone. At no time will an employee of MicroHealth ask for your password. If you have any questions about your Personal Information, please contact legal@microhealth.org.
To evaluate the System and ensure that we are providing content and Services of interest to you, we may collect and store statistical information regarding how you use the System, the pages you visit, the name of your Internet Service Provider, the website that referred you to the System, the location of your IP address, and the time and date you use the System. We may also use your identity information to develop demographic information regarding System users. Such aggregated information will not identify you personally. We may share this aggregated, deidentified or statistical information with our partners, sponsors, affiliates, and other third-parties.
Additionally, the System contains links to websites that are not operated by MicroHealth. These third parties may collect data from you and share some of that data with us. MicroHealth is careful when choosing its partners, sponsors, and affiliates, but MicroHealth is not responsible for any misuse of personal information by such third parties. We recommend that you view the privacy policy posted on each website that you use to confirm that the site’s policies are acceptable to you.
Finally, other MicroHealth users may be able to search you and contact you through MicroHealth. Users are allowed to freely post content in sections that are Community Oriented, such as Community Insights. We are not responsible for any potential damages or losses derived from direct contact with other users or for following the advice that other users may have posted in such sections.
Likewise, you agree not use MicroHealth to contact users for commercial reasons without express consent of MicroHealth direct user solicitation. Failure to do so may result in termination of your account and public display of your identity to our users for their protection.
Trademarks All brand, product and service names used in the System are the trademarks, trade names or service marks of MicroHealth, unless otherwise stated. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trademarks, trade names or service marks, or use any meta tags or any other “hidden text” utilizing any such trademarks, trade names or service marks, without the express prior written permission of MicroHealth or the owner of such trademarks, trade names or service marks.
Registration and Security By entering any information on the System, you represent and warrant that: (i) you are at least 13 years of age; (ii) you are using your actual identity; (iii) you have provided only true, accurate, current and complete information; and (iv) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete. Additionally, you agree to maintain the strict confidentiality of your account and any passwords issued to you for your use of or access to the System or any portion thereof, and you agree not to allow any other entity to use any username(s) or password(s) that are issued to you. You shall be responsible for all activity that occurs under your account or password. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. If you wish to cancel a username or password, or if you become aware of any loss, theft or unauthorized use of a username or password, please notify us immediately at legal@microhealth.org. We reserve the right to delete or change any username or password at any time and for any reason.
Modification of the System and/or the Services We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the System, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of the System or restrict your access to part or all of the System without notice or penalty. We may suspend or terminate your account or your use of the System at any time, for any reason or for no reason at all.
Use Outside United States MicroHealth makes no representation or warranty that the content of this System is appropriate, lawful, or available for use in countries other than the United States. If you use this System, including without limitation, the Site, you are responsible for compliance with all applicable laws.
Disclaimer of Warranties and Liability THE SYSTEM IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, MICROHEALTH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT USE OF THE SYSTEM IS AT YOUR SOLE RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SYSTEM. NEITHER MICROHEALTH NOR ANY OF ITS PARTNERS REPRESENTS OR WARRANTS THAT THE SYSTEM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THE SYSTEM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DOES MICROHEALTH OR ITS PARTNERS MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THE SYSTEM. IN THE EVENT OF ANY PROBLEM WITH THE SYSTEM, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SYSTEM.
IN ADDITION, MICROHEALTH IS NOT RESPONSIBLE FOR TRANSMITTING INFORMATION ELECTRONICALLY FROM AND TO OUR SYSTEM USING EXTERNAL METHODS, SUCH AS EMAIL OR TEXT MESSAGING, WHOSE SECURITY IS NOT CONTROLLED BY MICROHEALTH BUT BY CARRIERS. BY USING OUR SYSTEM YOU AGREE THAT YOU ARE AWARE OF SUCH RISKS AND FREELY CHOSE TO USE THE SERVICE BECAUSE THE BENEFITS OUTWEIGHT THE RISKS.
You acknowledge that data entry and conversion is subject to human and machine errors, omissions, delays, and losses, including inadvertent loss or corruption of data or damage to media, that may give rise to loss or damage. You agree MicroHealth will not be liable for any such errors, omissions, delays, or losses, unless caused by MicroHealth’s gross negligence or willful misconduct. You are responsible for adopting reasonable measures to limit the impact of such problems, including backing up data, and adopting procedures to ensure the accuracy of input data; examining and confirming results prior to use of data; and adopting procedures to identify and correct errors and omissions and reconstruct data. You are also responsible for complying with all local, state, and federal laws pertaining to the use and disclosure of any data.
MicroHealth expressly disclaims any responsibility or liability for, and you agree MicroHealth will not be responsible or liable for: (A) Errors in data or data entry, whether caused by you or the hardware or communications medium used for data entry; (B) Errors in dating or filing data caused by you or the hardware or communications medium used for data entry; (C) Errors in therapeutic conclusions or interventional instructions cause by erroneous data or data entry; (D) Malfunction or loss of use of any hardware; (E) Loss or degradation of communications between you and MicroHealth or MicroHealth service provider for any reason not within control of the MicroHealth; (F) Injury to anyone associated with use of any hardware used for data or voice communication with the System or with MicroHealth; (G) Failure by you to correct erroneous data or to comply with proper instructions; (H) Errors resulting from unauthorized access to the System or associated data; and (I) Any damage or injury to anyone directly or indirectly resulting from use of or communication with the System or MicroHealth where the proximate cause of such damage or injury is not within the control of MicroHealth.
Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY LAW, THE SOLE REMEDY FOR ANY CLAIM FOR DAMAGES ARISING OUT OF OR RELATED TO THE SYSTEM, INCLUDING WITHOUT LIMITATION, THE SITE, ANY SERVICE, OR ANY PRODUCT OR SERVICE ACQUIRED THROUGH THE SYSTEM SHALL BE LIMITED TO A REFUND OF ANY AMOUNT YOU PAID FOR SUCH PRODUCT OR SERVICE. UNDER NO CIRCUMSTANCES SHALL MICROHEALTH, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING OR DISTRIBUTING THE SYSTEM OR ANY PART THEREOF, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE SYSTEM OR ANY PRODUCTS OR SERVICES MADE AVAILABLE OR LISTED ON IT, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY IS HELD TO BE UNENFORCEABLE FOR ANY REASON, THEN OUR MAXIMUM LIABILITY FOR ANY OF THE FOREGOING TYPES OF DAMAGES SHALL BE LIMITED TO THE AMOUNT THAT MICROHEALTH RECEIVED FROM YOU FOR THE TRANSACTION THAT GAVE RISE TO THE CLAIM.
Indemnification You agree to indemnify and hold harmless MicroHealth and its directors, officers, employees, agents and representatives from and against any and all third party claims for damages arising from: (i) the use of the System or the Services or content or of any data provided in connection therewith in violation of these Terms of Use by you or any of your partners, employees, agents or contractors; (ii) any claim that the System as modified or altered by you or your partners, employees, agents or contractors, or the use by MicroHealth of any data submitted by you, infringes the patent, copyright or other intellectual property right, or misappropriates the trade secrets, of any third party; (iii) any inaccurate or incomplete data, or any virus, worms, spyware, back door, Trojan horse or other malicious code transmitted by you; (iv) any breach of these Terms of Use by you; and (v) any violation of applicable laws, rules or regulations by you.
Term and Termination Your obligations under these Terms of Use shall continue for as long as you access or use this System or use or maintain any of the content of this System or copies thereof. You may terminate your obligations at any time by discontinuing your use of this System and by destroying all content obtained from it, and all copies thereof. However, your termination of these Terms of Use does not relieve you from liability resulting from your failure to comply with the obligations of these Terms of Use before such termination, and MicroHealth reserves the right to enforce such pre-termination obligations before or after you terminate these Terms of Use. MicroHealth reserves the right, in its sole discretion, to terminate your access to or use of this System and any related services or any portion thereof at any time and for any reason, including, without limitation, breach of these Terms of Use.
Force Majeure Neither party to these Terms of Use will be liable to the other under these Terms of Use or otherwise for performance that is prevented by a cause outside the control of the party, including without limitation, natural disaster, war, riot, labor disturbance, or failure of publicly available channels of communication.
Dispute Resolution All disputes seeking only monetary damages and arising out of or relating to these Terms of Use or MicroHealth’s operation of this System, except disputes involving infringement or ownership of intellectual property rights, shall be resolved by binding arbitration in New York, NY, pursuant to the rules of the American Arbitration Association. All disputes seeking injunctions or other non-monetary remedies or involving infringement or ownership of intellectual property rights shall be resolved in the federal district court or applicable state court in New York, and you consent to personal jurisdiction and venue in such court.
Applicable Law These Terms of Use are governed by and will be construed in accordance with the laws of the United States and the State of New York.
Severability If any provision or part of a provision of these Terms of Use is contrary to law, the remaining part of the provision and the remaining provisions of the Terms of Use will remain in effect.
Operator Notices The System is operated by MicroHealth Inc.
All formal notices to us shall be sent to legal@microhealth.org.
All notices to you shall be sent to the email address that you provide when you register. Such notice shall be deemed given one business day after the email is sent. If you do not register, or register with inaccurate information, you hereby waive any right to notice for any purpose related to these Terms of Use or the System. Any action or claim against us must be brought within one year following the date on which the claim first accrued or shall be deemed forever waived.
Credits Apple and the Apple logo are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc.
Google Play is a trademark of Google Inc. Android is a trademark of Google Inc. The Android robot is reproduced or modified from work created and shared by Google and used according to terms described in the Creative Commons 3.0 Attribution License.