Condiciones de Uso en español
Last Updated: May 10, 2019
THE SERVICES ARE INTENDED SOLELY AS A TOOL TO ASSIST YOU IN ORGANIZING, UNDERSTANDING AND MANAGING INFORMATION. THE SERVICES ARE NOT INTENDED TO PROVIDE HEALTH OR MEDICAL ADVICE. THE SERVICES ARE NOT INTENDED TO (AND DO NOT) CREATE ANY PATIENT-PROVIDER RELATIONSHIP BETWEEN ORTHUS AND YOU, NOR SHOULD YOUR USE OF THE SERVICES BE CONSIDERED A REPLACEMENT FOR CONSULTATION WITH A HEALTH CARE PROFESSIONAL. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF SOMETHING YOU HAVE READ ON OR VIA THE SERVICES OR THE RESULTS YOU RECEIVE THROUGH THE SERVICES. IN ADDITION, YOU UNDERSTAND AND AGREE THAT IN PROVIDING THE SERVICES WE RELY ON A NUMBER OF THIRD-PARTY PROVIDERS, INCLUDING FOR PURPOSES OF SENDING PUSH NOTIFICATIONS, AND HEREBY DISCLAIM ANY LIABILITY WITH RESPECT TO THE SERVICES PROVIDED BY SUCH PROVIDERS. YOU SHOULD NOT RELY ON THE SERVICES FOR ANY LIFE-THREATENING CONDITION OR ANY OTHER SITUATION WHERE TIMELY ADMINISTRATION OF MEDICATIONS OR OTHER TREATMENT IS CRITICAL.
We reserve the right, at our discretion, to modify, replace, update or change any of these Terms or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time and for any reason. Orthus shall not be liable to you for any such modification, replacement, suspension or discontinuation of your rights to access and use the Services. However, if we make any material changes to these Terms, we will post a notice on our home page, or otherwise alert you to such changes. We may also impose limits on certain features of the Services or restrict your access to all or part of the Services without notice or liability. It is your responsibility to check these Terms periodically for changes. By continuing to use the Services, you agree to accept all such revisions, and any updated Terms.
1. Applicability of These Terms
Your access to and use of the Services is expressly conditioned on your acceptance of and compliance with these Terms. These Terms apply to all users of the Services, including users who are also contributors of content, information, and other materials. If you do not agree with these Terms, you are not authorized to access or use any portion of the Services in any manner, for any purpose. In order to receive our Services, you must register for an Account as more fully described below in the section entitled “Your Account and Registration.” The Services are available only to individuals who are at least 18 years old. You represent and warrant that you have the legal ability (capacity) to enter into a binding contract and are at least 18 years old, that all registration information you submit is accurate and truthful. Orthus may, in its sole discretion, refuse to offer the Services to any person or entity and change our eligibility criteria at any time, for any reason.
2. Your Account and Registration
You need to register and create an account (your “Account”) to use Know Your Number® and My Pathway to Health®. When creating an Account, you represent and warrant that all information you provide to us is truthful and accurate. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false, or violates our Terms. You agree that you will create only one Account. You are responsible for maintaining the confidentiality of your Account password, and you agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your Account.
When creating an Account, you will be required to select a password and screen name (“Orthus User ID”). You shall not (a) select or use as an Orthus User ID a name of another person with the intent to impersonate that person; (b) use as an Orthus User ID a name subject to any rights of a person other than you without appropriate authorization; or (c) use as an Orthus User ID a name that is otherwise offensive, vulgar or obscene. Orthus reserves the right to refuse registration of or cancel an Orthus User ID in its sole discretion. You shall never use another user’s Account without such other user’s express permission. You will immediately notify Orthus in writing of any unauthorized use of your Account, or other Account related security breach of which you become aware.
As a condition of using our Services, you will be required to provide Orthus with your email address and phone number as part of Account registration. As part of the Services, you will receive from us email and other communications (e.g., SMS messages and voice calls) relating to your use of our Services. By disclosing your contact information or otherwise sending electronic communications through the Services, you acknowledge and agree that we may send you communications through registered mail, email and other electronic communications, SMS messages, voice calls or otherwise, in each case that we determine, in our sole discretion, are related to your use of our Services. Any confidential information will be communicated to you via My Pathway to Health. As part of using our Services you agree to receive all agreements, notices, disclosures and other communications that we provide to you in electronic form and acknowledge that receipt of such documents in electronic form satisfies any legal requirement that such communications be in writing.
PLEASE NOTE THAT WHEN YOU CONTACT US BY EMAIL OR TEXT, SUCH COMMUNICATION MAY NOT BE SECURE BECAUSE IT TRAVELS OVER UNSECURE COMMUNICATION LINES. BY SENDING ANY CONFIDENTIAL OR PERSONAL INFORMATION TO US VIA EMAIL OR TEXT OR AGREEING TO RECEIVE ELECTRONIC COMMUNICATIONS FROM US THROUGH EMAIL OR TEXT, YOU ACKNOWLEDGE AND ACCEPT ANY RISK AND DAMAGE ARISING FROM DISCLOSURE OF SUCH INFORMATION IN THE COURSE OF TRANSMISSION.
3. No Emergency Services
THE SERVICES ARE FOR NON-EMERGENCY PURPOSES ONLY. DO NOT ATTEMPT TO ACCESS EMERGENCY CARE THROUGH THE SERVICES. IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR CARE OR TREATMENT, OR IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST OPEN EMERGENCY ROOM. THE SERVICES ARE NOT INTENDED TO SUPPORT OR CARRY EMERGENCY OR TIME-CRITICAL CALLS OR COMMUNICATIONS TO ANY TYPE OF HOSPITAL, LAW ENFORCEMENT AGENCY, MEDICAL CARE UNIT, OR ANY OTHER KIND OF EMERGENCY OR TIME-CRITICAL SERVICE.
4. Privacy and your Personal Information
5. Rules and Conduct
As a condition of use, you agree not to use the Services for any purpose that is prohibited by these Terms or any applicable law, rule or regulation of a governmental authority (“Applicable Laws”). You shall not: (a) take any action that imposes or may impose (as determined by Orthus in its sole discretion) an unreasonable or disproportionately large load on Orthus’s (or its third party providers’) infrastructure; (b) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (c) bypass any measures Orthus may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (d) run Mail list, Listserv, any form of auto-responder or “spam” on the Services; or (e) use manual or automated software, devices, or other processes to “crawl” or “spider” any page or part of the Services.
You shall not (directly or indirectly): (a) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services; (b) modify, translate, or otherwise create derivative works of any part of the Services; or (c) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder. You shall abide by all Applicable Laws with respect to your use of the Services or your publishing of any User Submission (as defined below) in or on the Services. Orthus reserves the right to remove any User Submission or other content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or User Submission.
6. Employer Agreement
Your access to and use of the Services has been paid for or provided by your employer or a health plan (the “Sponsoring Organization”) and is subject the continuing authorization of such Sponsoring Organization and to a separate agreement between Orthus and such Sponsoring Organization. You acknowledge and understand that the Sponsoring Organization may revoke your access to the Services at any time and for any reason and that Orthus may revoke your access to the Services at any time in connection with the breach or termination of its agreement with the Sponsoring Organization, or as otherwise set forth herein.
7. Third-Party Sites and Materials
ORTHUS HEREBY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY OF YOUR INFORMATION COLLECTED OR USED BY ANY THIRD-PARTY SERVICE PROVIDER. IN ADDITION, YOU AGREE THAT ORTHUS WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, SOFTWARE, MATERIALS OR SERVICES PROVIDED BY ANY THIRD PARTIES, INCLUDING WITHOUT LIMITATION ANY THIRD PARTY SERVICE PROVIDERS LINKED THROUGH THE SERVICES, AND YOU AGREE TO ASSUME ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES, LOSS, OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM OR ALLEGED TO HAVE RESULTED FROM YOUR USE OF THIRD PARTY MATERIALS AND THIRD PARTY WEBSITES.
8. Orthus, Content, Intellectual Property
The Services and all content and material owned by Orthus, which are provided via the Services (the “Content”) are protected under United States and international intellectual property, copyright, trademark, patent, trade secret and other laws. The Services and the Content are the sole property of Orthus. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit the Services or any Content or third party submissions or other proprietary rights not owned by you, (a) without the consent of the respective owners or other valid right, and (b) in any way that violates any third party right or is in violation of any Applicable Law.
You may, to the extent the Services expressly authorize you to do so, download or copy the Content, and other items displayed on the Services for download, for personal use only in accordance with these Terms, provided that you maintain all copyright, trademark and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use in accordance with these Terms is expressly prohibited without prior written permission from Orthus, or from the copyright holder identified in such Content’s copyright notice. You acknowledge that all Content accessed by you using the Services is at your own risk. All Content is provided “as is.” Under no circumstances will Orthus be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via the Services. Subject to your compliance with these Terms you are granted a personal, nonexclusive, nontransferable, non-sublicensable, revocable, limited right to use the Services. All rights in and to the Services not expressly granted in these Terms are hereby reserved and retained by Orthus.
Additionally, the trademarks, service marks, registered marks, logos, photography, and images of Orthus and others used in this Site are the property of Orthus and their respective owners. To use any such marks, logos, photography, or images, you must obtain prior written permission of Orthus or the respective owner. All other product and company names referenced in this Site that are not owned by Orthus are used for identification purposes only and may be the trademarks of their owners.
9. User Submissions
You understand that Orthus shall have the right to de-identify, reformat, excerpt, or translate any materials, content, or information submitted by you. Orthus does not endorse and has no control over any User Submissions. Orthus cannot guarantee the authenticity of any data which users may provide about themselves.
Orthus has no obligation to monitor the Services or User Submissions. Orthus may remove any User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission), or for no reason at all. You understand that Orthus shall have the right, but not the obligation, to record or monitor for quality assurance and training purposes all telephonic, e-mail and other forms of communication. By accepting these Terms, you consent to any such recording or saving.
You represent and warrant that any User Submission provided by you: (i) will not infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity; (ii) is not unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) does not constitute unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); (iv) does not involve commercial activities and/or sales without Orthus’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) does not contain software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Orthus or any third-party; (vi) does not impersonate any person or entity, including any employee or representative of Orthus; and (vii) does not violate any Applicable Law.
Orthus may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information and User Submissions associated with your Account. Upon termination of your right to use our Services or our termination of the Services, all licenses and other rights granted to you by these Terms will immediately terminate.
If you wish to terminate your account, you may do so by contacting Orthus at firstname.lastname@example.org. Any fees paid hereunder are non-refundable. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
11. Warranty Disclaimer
Orthus has no special relationship with or fiduciary duty to you. THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND ARE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. ORTHUS, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICES WILL BE ACCURATE, COMPLETE, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS OR THE STATED PURPOSE. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You shall defend, indemnify, and hold harmless Orthus, its affiliates and each of its employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to: (a) your use or misuse of, or access to, the Services, Content or otherwise from your User Submissions; (b) your breach of these Terms; (c) your violation or alleged violation of any Applicable Law; or (d) infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. Orthus reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Orthus in asserting any available defenses.
13. Limitation of Liability
IN NO EVENT SHALL ORTHUS, OR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CONTENT): (A) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING); OR (B) FOR ANY DAMAGES IN EXCESS OF IN THE AGGREGATE TEN U.S. DOLLARS ($10.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU IF YOU RESIDE IN SUCH A JURISDICTION.
WE ARE NOT LIABLE TO ANY PERSON OR USER FOR ANY HARM CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF ANY LICENSED MEDICAL PROFESSIONAL OR ANY OTHER PARTY.
When using the Services, information will be transmitted over a medium which may be beyond the control and jurisdiction of Orthus, its customers and/or its vendors. Accordingly, Orthus assumes no liability for or relating to the delay, unintended disclosure, failure, interruption or corruption of any data or other information transmitted in connection with use of the Services.
Any claims against Orthus arising in connection with your use of the Services must be brought against Orthus within one (1) year of the date of the event giving rise to such action.
14. International Use
Accessing the Services is prohibited from territories where such Services are illegal. If you access the Services from other countries, you do so at your own initiative and are responsible for compliance with local laws.
15. Governing Law; Dispute Resolution
A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to the choice of law provisions thereof. Any controversy or claim arising out of or relating to this Release, or the negotiation or breach thereof, shall be settled by arbitration in accordance with N.C. Gen. Stat. § 1-569.1 et seq. (the "Revised Uniform Arbitration Act') and the then-current Rules of Commercial Arbitration of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be held in Raleigh, North Carolina and shall be conducted in the English language, and shall be conducted before a single arbitrator mutually agreeable to the parties, or if no agreement can be reached, then selected by the American Arbitration Association. The arbitrator shall award reimbursement of attorneys' fees and other costs of arbitration to the prevailing party, in such manner as the arbitrator shall deem appropriate. Any decision by an arbitrator may be affirmed and reduced to judgment in any court of competent jurisdiction. In addition, the losing party shall reimburse the prevailing party for the costs and expenses incurred by it, including attorneys', arbitrators' and courts' fees and expenses, in connection with any action or proceeding hereunder. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation, this Section.
16. Integration and Severability
Orthus shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Orthus’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with Orthus’s prior written consent. Orthus may assign, transfer or delegate any of its rights and obligations hereunder without consent. Our licensors may be entitled to enforce these Terms as third-party beneficiaries. There are no other third-party beneficiaries to these Terms. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
18. Digital Millennium Copyright Act Policy
If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Orthus to delete, edit, or disable the material in question, you must provide Orthus with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Orthus to locate the material; (d) information reasonably sufficient to permit Orthus to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Orthus’s designated agent at:
Attn: Copyright Agent
Orthus Health, Inc.
1500 Sunday Drive
Raleigh, NC 27607
You may contact us at the following address: 1500 Sunday Drive, Suite 113, Raleigh NC 27607 or at email@example.com.