3) Use Restrictions
- republish, post, upload, frame, retransmit, redistribute, modify, remove any intellectual property or similar notices or otherwise reproduce the Sites, the Service or any Materials in any format to anyone in any way (other than the download to your personal computer that is inherent in viewing a web page);
- use any ad blocking mechanism, device, or tool to prevent the placement of advertisements in Push Health;
- access, attempt to access, or obtain any information regarding other users (including, without limitation, personal information and details regarding use of the Service);
- allow anyone else to use or access your username, account or password;
- deep-link to any page or portion of the Sites;
- use any robot, spider or other data mining or other automatic device, program, or similar process or means to access, acquire, copy or monitor the Sites, another user’s information or systems, the Materials or any portion thereof, or in any way circumvent the navigational structure or presentation of the Sites or access any portion of the Sites other than with a commercial browser or the mobile applications developed and operated by us;
- breach or attempt to breach the security or authentication measures on the Sites or any network or database connected to the Sites;
- decompile, reverse engineer, disassemble or otherwise reduce any software code for the Sites to a human-readable form;
- make any automated high-volume or other use of the Sites for re-mailing, spamming or other purposes;
- use the Sites, the services offered through the Sites or the Material in violation of any applicable law, rule or regulation;
- submit any data, content or other material that contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Sites, the Materials or any connected network or database, or otherwise interferes with any person or entity’s use or enjoyment of the Sites;
- submit any data (including, without limitation credit card and other payment data), content or other material in violation of any applicable law or regulation, or that violates or infringes upon the patent, trademark, copyright, trade secret, privacy, publicity or other rights of any third party;
- submit any data (including, without limitation credit card and other payment data), content or other material that is false, misleading, deceptive, defamatory, obscene, indecent, threatening, abusive, offensive, harassing, or hateful; or
- misrepresent your identity, sponsorship, or affiliation with any third party, including using a
third party’s username, password, personally identifiable or other account information.
4) Term and Termination
Sites and the Service, and termination by us for any reason (or no reason) at any time. The
provisions of Sections 1 and 3-16 will survive any termination of this Agreement.
5) Third Party Websites
The Sites may contain links to third party websites that are beyond our control, including pharmacy locators, lab location locators and prescription drug databases. You acknowledge that by clicking on any of these links you will be taken to websites that are not controlled by Push Health, We are not responsible for the accuracy, reliability, or completeness of such third party websites or any contents or services offered therein.
In addition, Push Health does not endorse, and cannot ensure that you will be satisfied with, any products or services offered by a third-party, even if in connection with the Sites. Push Health does not control and is not responsible for the acts, omissions, statements and/or other conduct of any third parties, including medical professionals. You are solely responsible for making whatever investigation you feel necessary or appropriate before communicating with any third party
6) Change and Cancellation Requests
7) User Content
The Sites may contain information, data, text, software, sounds, images, and other material (collectively, the “Material”). If, and only if, you agree to, and are in full compliance with, the terms and conditions of this Agreement, Push Health grants you a personal, non-exclusive, nontransferable license to access and use the publicly available pages on the Sites and the Material contained therein solely for your personal non-commercial use. Any other use, duplication, distribution or other exploitation of the Sites, the Service, the Materials or any portion thereof is a violation of the terms of this Agreement and is strictly prohibited.
If you send us any suggestions, inventions, modifications, improvements, concepts, ideas or other information regarding the Sites, the Materials or the Service (collectively, “Ideas”) by any means, you hereby agree that Push Health has no obligation to protect or keep the idea confidential for you or any other person or entity, and you hereby grant Push Health a perpetual, irrevocable, worldwide, fully paid up and royalty free, transferable and sublicenseable license to the Idea and all intellectual property and other rights in and to the Idea to use, modify, develop, create derivative works based on, and otherwise exploit the Idea in all forms, formats, manners and forever throughout the world for any purpose whatsoever, commercial or otherwise, without notice, compensation and/or approval to or from you or any other person or entity.
9) Changes and Operation
12) Limitation of Liability
13) Additional Medical Provider Terms
For the purposes of this Section 13 only, “you” refers to a medical provider (the “Provider”) or any person acting on the Provider’s behalf.
13.1) We treat the Provider in whose name an account is established as the owner of such account. The Provider is a party to this Agreement for all purposes. The Provider is likewise subject to all of the covenants, restrictions, limitations, representations, warranties, waivers and releases included in this Agreement.
13.2) Before using the Service, the Provider will execute a Business Associate Agreement in a form provided by us.
13.3) You represent and warrant that: (i) you are authorized to submit any information you submit to us (“Provider Information”) and to enter into this Agreement on behalf of the Provider; and (ii) any such Provider Information is complete, accurate, and correct, including without limitation information regarding the Provider’s professional license for documentation purposes to prescribe healthcare services such as medications and lab tests for authorized patients.
13.4) You hereby grant Push Health a license to use and display your Provider Information, including but not limited to your trademarks, for the purpose of making the Service available to our users.
13.5) You will promptly notify us of any changes to the Provider’s license status, contact information, or other information linked to the Provider’s account.
13.6) You represent and warrant that the Provider’s license authorizes the Provider to prescribe medications and/or lab tests as appropriate.
13.7) You agree and understand that Push Health provides an administrative service for you and makes no representations or warranties as to the performance of prescribed services, the results of lab tests, or the efficacy of any treatments that you prescribe. All responsibility for the well-being of your patients is borne by you. You agree and understand that we cannot and do not guarantee any particular visibility, publicity, leads, contacts, or other perceived benefit to the Provider from using the Service.
13.8) You agree that your use of Push Health is subject to verification by us of your identity and credentials as a health care provider, and to your ongoing qualification as such. When necessary, you agree that we may use and disclose your personal information for such purposes, including making inquiry of third parties concerning your identity and professional and practice credentials. You authorize such third parties to disclose to us such information as we may request for such purposes, and you agree to hold them and us harmless from any claim or liability arising from the request for or disclosure of such information. You agree that we may terminate your access to or use of the Services at any time if we are unable at any time to determine or verify your qualifications or credentials.
13.9) You will promptly notify us of any order or demand for compulsory disclosure of health information if the disclosure requires access to or use of the Push Health. You will cooperate fully with us in connection with any such demand.
13.10) Compliance with Law. You are solely responsible for ensuring that your use of Push Health complies with applicable law, including laws relating to maintenance of privacy, security, licensure, scope of practice and confidentiality of patient and other health information. You agree that you will follow all laws and rules governing the use of laboratory work and other provision of medical care as determined by your licensing board or other applicable authority. You represent to Push Health that you have obtained all proper authorizations required by law from your patients before using Push Health and accept all responsibility for acts or omissions resulting therefrom. You will not grant any user any rights to access or use of Push Health that they would not be allowed to have under applicable laws. We offer no assurance that your use of Push Health under the terms of this Agreement will not violate any law or regulation applicable to you. We may share Provider Information with third parties if we believe in good faith that such disclosure is helpful to (i) comply with a court order, warrant or other legal process, (ii) protect the rights, property or safety of Push Health or others, or (iii) investigate or enforce suspected breaches of this Agreement.
13.11) Indemnification. In addition to the indemnification obligations in Section 11 above, you hereby agree to indemnify, defend, and hold harmless the Indemnified Parties, from and against any claim, cost or liability, including reasonable attorneys’ fees, arising out of or relating to: (a) the listing of your Provider Information on the Sites or Services; (b) any breach by you of any representations, warranties or agreements contained in this Agreement; (c) the actions of any person gaining access to Push Health under the account assigned to you; (d) your negligence or willful misconduct. Your indemnification obligations in this Agreement are cumulative, and are not intended to, nor do they, limit your indemnification obligations elsewhere in this Agreement or at law, even if such obligations arise or are occasioned or triggered by a single assertion, claim, circumstance, action, event or transaction.
14) HIPAA Business Associate Agreement
without respect to its choice (or conflict) of laws rules. Both you and Push Health waive the right to bring any Claim as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such Claim brought by anyone else. In addition, you and Push Health agree that any Claim shall be resolved by final and binding arbitration at the American Arbitration Association and waives any right to have a Claim tried by a jury.