Frame Health Terms of Service

Welcome to FRAME HEALTH's Terms of Service. The following is a legal agreement between FRAME HEALTH and you, the user of the services we offer on this site (the "Services").

By accessing or using the Service and registering an account, you acknowledge that you have read, understand, and agree to be bound to these Terms of Service ("Terms") and you agree to comply with all applicable laws and regulations, including but not limited to the applicable requirements of the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations relating to privacy and security. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. If you do not agree to these Terms, please do not use the Services

Change to Terms of Service

We may update or change the Terms of Service at any time, and may notify you via e-mail, and/or by posting the new or updated Terms of Service on the Services. By using the Services after any change in the Terms of Service you acknowledge and accept changes to the Terms of Service.

Account Registration

You need to create a user account to create a user profile and use the Services. In order to register with FRAME HEALTH, we may require you to supply a valid email address and a password. We may require that you validate the email address you provide by responding to an email message sent to that address.

Your Use of the Service

FRAME HEALTH hereby grants you a limited license to use the Services and the software, materials and information present on this site (collectively the "Materials") solely for your personal use, subject to these Terms of Service. The design and layout of this website (the "Site") are specifically excluded from the licensed Materials. Framing of the Site or Materials, direct linking of any of the Materials, or any copying or posting of Materials on other Web sites or online services is strictly prohibited. Except for the limited license granted above, nothing in these Terms confers, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of FRAME HEALTH or any third party.

User ID and Password

You are responsible for maintaining the confidentiality of your user ID (typically your email address), password and account and are fully responsible for all activities that occur under your email or password. You agree to (a) immediately notify FRAME HEALTH of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. FRAME HEALTH cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Acceptable Use Policy

FRAME HEALTH has adopted the following Acceptable Use Policy in order to assure that its services are used in a lawful and appropriate manner. While we do not ordinarily monitor the content of users posts or messaging, we reserve the right to investigate reports of misuse of the Services and to protect our property and assets. The following conduct is prohibited on the Site and our Services:

Violations of FRAME HEALTH's Acceptable Use Policy will not be tolerated and may result in the user being blocked from making additional use of our Materials and Services. If the user is a member of an FRAME HEALTH subscription service, FRAME HEALTH may disable the user's account without compensation or refund. FRAME HEALTH RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISCLOSE TO THIRD PARTIES, INCLUDING MESSAGE RECIPIENTS, THEIR COUNSEL, AND/OR LAW ENFORCEMENT AUTHORITIES, RELEVANT INFORMATION ABOUT ANY USE OF OUR SERVICES IN VIOLATION OF OUR ACCEPTABLE USE POLICY INCLUDING, BUT NOT LIMITED TO, THE USER'S NAME, ACCOUNT INFORMATION, TRANSMISSION DATA, PAST AND SUBSEQUENT SERVICE USE, AND ANY OTHER INFORMATION DEEMED NECESSARY BY FRAME HEALTH TO ADDRESS PAST VIOLATIONS OF THE ACCEPTABLE USE POLICY AND TO PREVENT FUTURE VIOLATIONS. THESE DISCLOSURES MAY BE MADE WITH OR WITHOUT PRIOR NOTICE TO YOU. BY USING THE SERVICE, YOU IRREVOCABLY CONSENT TO SUCH DISCLOSURES.

No Warranties about Users or Their Services

We do not monitor the accuracy of the information supplied by users or other external data sources, and assume no responsibility for the accuracy or completeness of the personal information, health records or other information provided by our users or data providers. If you are a health care provider, we cannot assure you that the data provided by users or external providers will be reliable or accurate. FRAME HEALTH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING ANY AND ALL USERS AND THEIR PERSONAL INFORMATION, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Confidentiality of User Information

FRAME HEALTH makes information about users available to their personal health care providers based on our access criteria.All patient information is provided on a strictly confidential basis.you agree to treat as strictly confidential all PATIENT Information you receive, and not to disclose it to any third party.You further agree not to use any such information for any purposes other than to evaluate and supply health services requested by the applicable patient and in accordance with applicable laws and regulations.

Spam, Etc.

You may not use our Services to send bulk or commercial messages. In addition, you may not use automated scripted programs that automate the process of sending or viewing any of the Materials. FRAME HEALTH reserves the right to limit, in its sole discretion and without prior notice to you, the number of messages that you may send using the Services, or the number of recipients to which you send such messages.

You are solely responsible for your actions and communications undertaken or transmitted using our Services. Neither we nor our affiliates exercise editorial control over your transmissions; however, we do reserve the right to review your uploads and transmissions in order to ensure compliance with these Terms.

Interactions with Patients and Other Users

FRAME HEALTH will not be liable for your interactions with any patients, other health services providers, or other parties you contact on or through the Services.In particular, we are not responsible for evaluating or diagnosing ay patient’s healthcare needs, or for monitoring, supervising or evaluating any health care provider’s performance of any such services. These dealings are solely between you and the relevant patients or other persons. We are under no obligation to become involved in disputes between participants on the Services, or between participants on the Services and any third party.

User Content

The Services will allow you to upload, post and make text, visual, audio and other content and materials available to other users. If you do so, you are subject to the conditions outlined in these Terms. When you upload materials (“User Content”) to the Site you are indicating that you own all the User Content and/or have full rights to use it in connection with our service.

With respect to User Content you upload, you hereby grant FRAME HEALTH, a perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate and publicly display such User Content (in whole or in part) as necessary to maintain and perform the Services you elect to use.Without limiting the foregoing, you grant FRAME HEALTH the right to use your User Content in the course of performing testing, training and/or archiving of our and our affiliates' systems, and in the course of evaluating, enhancing and improving our Services (provided that we will not disclose any confidential personally identifiable information about you in performing these functions).

You acknowledge that we may or may not pre-screen User Content, but that FRAME HEALTH and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, edit, modify, refuse, or move any User Content that is available via our services. Without limiting the foregoing, FRAME HEALTH and its designees will have the right to remove or refuse to transmit any Content that violates these Terms or is otherwise objectionable.

You also acknowledge and agree that FRAME HEALTH may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of FRAME HEALTH, its users and the public.

Security

The technical processing and transmission of our services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that our Services and software we use may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by FRAME HEALTH and/or content providers who provide content to us. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on our services, in whole or in part, is strictly prohibited.

Suspension or Termination of Service

You understand that FRAME HEALTH may discontinue or alter any aspect of the Services, remove User Content or other materials from the Services, suspend or discontinue Services, restrict the time the Services are available or restrict the amount of use permitted at its sole discretion and without prior notice or liability. You agree that we may, under certain circumstances, immediately suspend and/or terminate your access to the Services or any part thereof. Cause for such measures may include, without limitation: (a) breaches or violations of these Terms of Service or other agreements or guidelines; (b) discontinuance or material modification to the Services; (c) unexpected technical or security issues or problems; (d) extended periods of inactivity; and/or (e) your engaging in fraudulent or illegal activities. You agree that such measures may be taken in our sole discretion and without liability to you or any third party.

Warranty Restriction; Limitation of Liability

THE MATERIALS, INFORMATION, AND SERVICES PROVIDED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY MATERIALS, INFORMATION, OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DATA, TEXT, IMAGES, SOUNDS, OR COMPUTER PROGRAMS (INCLUDING COLLECTIONS AND COMPILATIONS OF THEM)) OR AGAINST INFRINGEMENT. FRAME HEALTH IS NOT RESPONSIBLE FOR ANY FAILURE OF MESSAGES OR NOTIFICATIONS SENT THROUGH OUR SERVICES TO REACH THEIR INTENDED RECIPIENTS. THE MATERIALS AVAILABLE ON THE SERVICES ARE SUBJECT TO CHANGE WITHOUT NOTICE.

NEITHER FRAME HEALTH NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE SITE OR THE SERVICES, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THE SERVICES, EVEN IF FRAME HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER TORT. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT FRAME HEALTH AND ITS AFFILIATES' AGGREGATE LIABILITY SHALL NOT EXCEED ANY SUMS PAID PURSUANT THIS AGREEMENT.

NEITHER FRAME HEALTH NOR ITS AFFILIATES TAKES ANY RESPONSIBILITY OR ASSUMES ANY LIABILITY FOR ANY CONTENT UPLOADED OR OTHERWISE TRANSMITTED BY YOU OR ANY THIRD PARTY, OR FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY, INDECENCY, LEWDNESS, HARASSMENT, THREATS, ABUSE, OR PROFANITY YOU MAY ENCOUNTER IN USING THE SERVICES. YOU AGREE TO HOLD HARMLESS FRAME HEALTH AND ITS AFFILIATES AND PARTIES WITH WHOM FRAME HEALTH HAS CONTRACTED FOR PURPOSES OF HOSTING OR MAINTAINING THE SERVICES FROM ALL CLAIMS BASED UPON COMMUNICATIONS OR MATERIALS MADE AVAILABLE BY YOU ON THE SERVICES.

International Use

Neither FRAME HEALTH nor its affiliates make any representation that Materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

Indemnification

You hereby indemnify, defend and hold harmless FRAME HEALTH and its affiliates, and all officers, directors, owners, agents, content providers, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms of Service. You agree to cooperate as fully as reasonably required in defense of any such claim. FRAME HEALTH reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

You further agree that you will be responsible for all aspects of all health and medical advice or services you offer to patients, whether utilizing the Frame Health Services or otherwise , including without limitation all aspects of diagnosing patient conditions, determining or recommending therapies, prescribing medications, monitoring patient adherence, and the like, and all related obligations and liabilities. You agree that all the foregoing activities will be conducted in accordance with applicable laws and regulations, and with prevailing and accepted industry practices and standards. You hereby agree that you will indemnify, defend and hold harmless the Indemnified Parties from and against any and all claims which may arise under or result from the foregoing activities.

Enforcement by FRAME HEALTH

In the event FRAME HEALTH determines, in its sole discretion, that you have violated these Terms of Service, FRAME HEALTH will have the right to immediately terminate your account (with or without refund), refuse membership, or block the sending or receipt of messages from our Site, and/or pursue any other remedies available to it under applicable law.

Governing Law

This Agreement, and the respective rights and obligations of the parties hereto, shall be governed by and construed in accordance with the laws of the State of Calfiornia. Any dispute arising between you and FRAME HEALTH will be submitted to binding arbitration in California in accordance with the American Arbitration Association's standard rules then in effect for arbitration of commercial disputes.

Updates to Terms

FRAME HEALTH shall have the right to revise these Terms at any time by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current Terms to which you are bound.

Privacy Policy

We respect the privacy of our users.Our policies with regard to personally identifiable information we collect from you, what information third parties affiliated with FRAME HEALTH collect from you and how that information is used are governed by the FRAME HEALTH Privacy Policy (the "Privacy Policy"), which you can access here.

Copyright Information

All of the Material available on the Services is copyright © 2014 Frame Health, Inc. or used under license.

Trademarks

FRAME HEALTH™, the FRAME HEALTH logo and other FRAME HEALTH logos and product and service names are trademarks or service marks of Frame Health, Inc. You agree not to use our trademarks or service marks without our written permission. Use of FRAME HEALTH trademarks as meta-tags for search engines is strictly prohibited. All rights reserved.

Entire Agreement

These Terms and our Privacy Policy constitute the entire agreement between you and FRAME HEALTH governing your use of our Services, superseding any prior agreements between you and FRAME HEALTH. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other FRAME HEALTH products or services, or products or services offered by FRAME HEALTH affiliates, or participate in any contests or promotions.