ARTICLE 1 — GENERAL
1.1 Access and Use of Service. PRIVIT shall provide to you the non-exclusive right to access the Service through one of PRIVIT’s websites,iOS App,or Android App. The Service will process personal health information and medical and demographic data you input (“Processed Data”),for the limited purpose of maintenance and storage of your personal health information. “you” or “your” shall mean an individual like yourself and/or the legal guardian thereof,who utilize the Service; and the term “Medical Data” shall mean your medical data and personal health information as entered into the Service pursuant to the terms and conditions provided herein.
1.2 Information and Instructions to be Provided. Information and instructions for inputting your Medical Data into the Service are set forth on the website.
1.3 Limitations of Service. you are solely responsible for all equipment,software and connections to the Internet required to gain access to PRIVIT’s website.
1.4 Accuracy and Completeness of Medical Data. you shall be solely responsible for the accuracy and completeness of your inputted Medical Data and Processed Data. PRIVIT is not responsible for the accuracy and completeness of any Processed Data,or for verifying Processed Data with you.
ARTICLE 2 — SECURITY AND DATA RIGHTS
2.1 Integrity and Confidentiality of Medical Data and Processed Data. PRIVIT shall deploy commercially reasonable and available security measures to protect the integrity and confidentiality of your Medical Data and Processed Data. Security measures deployed by PRIVIT include the use of secure sockets layer protocol at the data input layer as evidenced by the security certificate posted on the Family Health Profile website and the use of the PRIVIT patented privacy compliant consent and data access system methods.
2.3 Ownership and Use of Medical Data. Access to Medical Data is subject to federal privacy legislation as well as state specific privacy legislation governing access to personal and health information data. you own and retain all right,title and interest in and to all of your Medical Data,and PRIVIT shall obtain no interest whatsoever in such identified Medical Data,except as otherwise expressly provided herein. PRIVIT shall retain the right to use,disclose and share de-identified aggregate data with PRIVIT affiliates,customers and/or partners,in a manner consistent with the Health Insurance Portability and Accountability Act of 1996,as amended,(“HIPAA”).
ARTICLE 3 — PROPRIETARY RIGHTS
3.1 PRIVIT Materials. All materials,including without limitation,the Service,any computer software,web pages,web-based applications,Internet domain names,data or information developed or provided by PRIVIT and its affiliates,and any ideas,know-how,methodologies,equipment or processes conceived,developed or used to provide the Service or other deliverables or services including,without limitation,all copyrights,trademarks,patents,trade secrets and any other proprietary rights related to such materials (collectively,”PRIVIT Materials“) shall be and remain the sole and exclusive property of PRIVIT and its affiliates.
ARTICLE 4 — FEES,BILLING AND PAYMENT
4.2 Billing. By starting your subscription,you authorize us to charge you a subscription fee at the then current rate,for the number of years you select,or to check your Organization’s authorized paid license count for authorization to grant you access to the Organization’s prepaid subscriptions. An Organization shall mean an association,organization,school,club,event,or company that exists where you are a member.
4.3 Billing Questions. For best response to billing questions,please contact your ORGANIZATION. For personal subscribers that have billing questions,please email billing@PRIVIT.com. You may also contact us by calling 855.977.4848 or by sending mail to PRIVIT,Attn: Billing,1373 Grandview Avenue,Suite 200,Columbus,OH 43212.
4.4 Payment Methods. You may select your Payment Method by visiting our website and clicking on the “Manage your Subscription” link.
4.5 No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation,however,you will continue to have access to the service through the end of your current billing period.
4.6 Renewal. Unless you cancel your subscription before the end of your billing period,or have opted out of automatic renewals,or are covered under the subscription of your Organization,we will automatically renew your subscription for the same number of years originally selected by you at the then current price. We will charge your credit card on file with us for the renewal subscription fee. If your subscription is automatically renewed,you may cancel the renewal within thirty (30) days of the renewal and receive a refund of the renewal subscription fee.
ARTICLE 5 — TERM AND TERMINATION
5.3 Upon Termination. Within sixty (60) days of the termination of your subscription,PRIVIT will remove your identifiable information. PRIVIT may retain,use,or disclose to others de-identified information.
ARTICLE 6 — WARRANTIES
6.1 Your Warranties. You represent and warrant to PRIVIT that you have the capacity to understand and accept these terms. Furthermore,you represent and warrant that you have not and are not accessing the Service using any misrepresentation or false identification. If you are inputting Medical Data on behalf of another,you warrant and represent that you have the right to bind that other person.
6.2 DISCLAIMER. PRIVIT AND ITS AFFILIATES,SUBCONTRACTORS AND THIRD PARTY LICENSORS,IF ANY,MAKE NO REPRESENTATIONS OR WARRANTIES,WHETHER EXPRESS,IMPLIED OR STATUTORY REGARDING OR RELATING TO THE SERVICE PROVIDED TO YOU UNDER THIS AGREEMENT,AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,PRIVIT SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE,TITLE AND NONINFRINGEMENT. THE SERVICE IS PROVIDED “AS IS,AND WITH ALL FAULTS.” PRIVIT DOES NOT GUARANTEE THAT YOUR ACCESS TO THE SERVICE PROVIDED UNDER THIS AGREEMENT WILL BE UNINTERRUPTED,ERROR FREE OR SECURE. PRIVIT IS NOT A HEALTH SERVICES PROVIDER AND MAKES NO REPRESENTATION OR WARRANTY,EXPRESS OR IMPLIED,TO YOU REGARDING THE SERVICE OR THE COMPLETENESS OR ACCURACY OF THE MEDICAL DATA OR PROCESSED DATA OR ANY INTERPRETATION,MEDICAL DECISION OR COURSE OF MEDICAL TREATMENT RELATED THERETO. FURTHER,PRIVIT DOES NOT WARRANT TO YOU THE AVAILABILITY OF THE SERVICE AT ALL TIMES AND SPECIFICALLY EXCLUDES AVAILABILITY DURING SCHEDULED DOWNTIME FOR MAINTENANCE PURPOSES,UNSCHEDULED MAINTENANCE AND SYSTEM OUTAGES,AND/OR UNAVAILABILITY OF THE SERVICE FOR REASONS BEYOND PRIVIT’S CONTROL.
ARTICLE 7 — LIMITATION OF LIABILITY
ARTICLE 8 — INDEMNIFICATION BY YOU
ARTICLE 9 — PRIVACY AND CONFIDENTIALITY
ARTICLE 10 — MISCELLANEOUS