Welcome to PRIVIT Inc. (herein "PRIVIT"). We are a subscription service that provides our subscribers with access to their Medical Data and Processed Data,as each is defined below. PRIVIT is the developer and owner of a proprietary Internet-based service ("Service"),for the purposes of enabling the collection of health information and medical data. Among other functions,our service collects,processes,formats,stores and allows access to personal demographics and health information data. THE SERVICE THAT PRIVIT PROVIDES TO YOU IS SUBJECT TO THE FOLLOWING TERMS OF USE,WHICH MAY BE PERIODICALLY REVISED. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. The Terms of Use also includes our Privacy Policy which can be read at https://www.e-ppe.com/legal/privacy.
YOU MUST BE EIGHTEEN (18) YEARS OF AGE OR OLDER TO SUBMIT PERSONAL DATA AND INFORMATION WITHOUT PARENTAL CONSENT. IF YOU ARE UNDER EIGHTEEN (18) YEARS OF AGE,YOU SHOULD REVIEW THIS TERMS OF USE WITH YOUR PARENT OR LEGAL GUARDIAN TO MAKE SURE THAT YOU AND YOUR PARENT OR LEGAL GUARDIAN UNDERSTAND IT. IF YOU ARE UNDER THIRTEEN (13) YEARS OF AGE,YOU MAY NOT ESTABLISH A HEALTH PROFILE AND YOUR PARENT OR LEGAL GUARDIAN NEEDS TO ESTABLISH IT FOR YOU.
BY ACCEPTING THESE TERMS OF USE,YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND ACCEPT THESE TERMS AND CERTIFY THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER OR YOU HAVE PROVIDED THE REQUIRED PARENTAL OR GUARDIAN CONSENT. IF YOU DO NOT ACCEPT THESE TERMS OF USE,YOU MAY NOT ACCESS THIS SITE,USE THE SERVICE OR UTILIZE ANY OF THE SERVICES BY OR THROUGH THIS SITE.
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.
2.2 Security. you ensure that you will: (a) be responsible for the security and/or use of your user id and password; (b) not permit any other person or entity to use your user id and password; and (c) access and use the Service in accordance with these Terms of Use and all applicable local,state and federal laws and regulations. you shall also be responsible for: (d) your obligations under these Terms of Use and the restrictions set forth in these Terms of Use; and (e) your use of the Service. PRIVIT reserves the right to deny or revoke access to the Service,in whole or in part,if PRIVIT reasonably believes that you are in breach of these Terms of Use or are otherwise using or accessing the Service inconsistently with the Terms of Use.
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.
3.2 General Restrictions. Commercial use of this Service is prohibited. Except as otherwise provided in these Terms of Use,you shall not: (a) provide,disclose,divulge or make available to or permit use of the Service by any third party; (b) copy or reproduce all or any part of the Service (except as expressly provided for herein); (c) interfere,or attempt to interfere,with the Service in any way; (d) distribute,market,sell,lease,transfer,license or sublicense the Service; (e) modify,change,alter,translate,create derivative works from,reverse engineer,disassemble or decompile the Service,or discover or attempt to discover the source code of all or any portion of the Service in any way for any reason; (f) engage in spamming,mail bombing,spoofing or any other fraudulent,illegal or unauthorized use of the Service or PRIVIT's systems; (g) introduce into or transmit through the Service any virus,worm,trap door,back door,timer,clock,counter or other limiting routine,instruction or design; (h) attempt to provide or create a link to the Service,except as authorized by PRIVIT; (i) create any frames at any other websites pertaining to or using any of the information provided by the Service; or (j) engage in or allow any action involving the Service that is inconsistent with these Terms of Use.
ARTICLE 4 — FEES,BILLING AND PAYMENT
4.1 Subscriptions. We may offer a number of subscription plans,including special promotional plans or subscriptions with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. you can find specific details regarding your subscription by visiting our website and clicking on the "Manage your Subscription" link.
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
5.1 Term. These Terms of Use will commence as soon as you access and use the Service and shall continue through the end of the billing period,as renewed.
5.2 Termination by PRIVIT. PRIVIT shall have the right to terminate your access to all or part of this website at any time,with or without notice,if you violate these Terms of Use.
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
PRIVIT AND ITS AFFILIATES,SUBCONTRACTORS AND THIRD PARTY LICENSORS SHALL NOT BE LIABLE TO YOU UNDER THESE TERMS OF USE FOR ANY DAMAGES IN THE NATURE OF ANY LOSS OF USE,BUSINESS INTERRUPTION,LOSS OF OR DAMAGE TO YOUR MEDICAL DATA,COST OF COVER,DIRECT,INDIRECT,SPECIAL,PUNITIVE,INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING,PERFORMANCE OR USE OF THE SERVICE UNDER THESE TERMS OF USE,EVEN IF PRIVIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PRIVIT'S MAXIMUM LIABILITY TO YOU SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE SUBSCRIPTION FEES PAID OR PAYABLE IN THE TWELVE (12) MONTH'S PRECEDING THE EVENT THAT GAVE RISE TO LIABILITY. IN ADDITION,PRIVIT WILL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY ANY DELAY IN DELIVERY OR FURNISHING ACCESS TO THE SERVICE UNDER THESE TERMS OF USE.
ARTICLE 8 — INDEMNIFICATION BY YOU
PRIVIT does not have any responsibility for your medical treatment or care. you shall indemnify,defend and hold harmless PRIVIT,its directors,officers,employees,agents,successors and assigns and defend any action brought against the same with respect to any claim,demand,cause of action,debt or liability,including reasonable attorneys' fees and costs,arising out of or relating to: (a) any injury resulting from the use of your Medical Data or Processed Data; (b) any claim that your Medical Data and/or Processed Data is inaccurate or incomplete; (c) any non-compliance with the terms of Section 1.4; (d) claims that content or information provided by you infringes the intellectual property rights of a third party; or (e) any breach of these Terms of Use by you.
ARTICLE 9 — PRIVACY AND CONFIDENTIALITY
9.1 Privacy Policy. PRIVIT's Privacy Policy is provided at this location https://www.e-ppe.com/legal/privacyhttps://www.e-ppe.com/legal/privacy. By agreeing to these Terms of Use,you acknowledge that you have had prior access and agree to the terms of the Privacy Policy. You further acknowledge and agree that the terms of the Privacy Policy may be updated by PRIVIT from time to time and that such updated Privacy Policy terms shall be incorporated into these Terms of Use without notice or any other action of PRIVIT.
9.2 Privacy Terms. PRIVIT acknowledges that in carrying out its obligations under these Terms of Use,PRIVIT and its subcontractors,employees,affiliates,agents,or representatives may have access to your medical records and health information. PRIVIT will take all reasonable precautions necessary to safeguard the confidentiality of your Medical Data and Processed Data,which will in no event be less than a reasonable degree of care. PRIVIT agrees to use reasonable efforts to comply with any local,state or federal law and regulations governing the privacy and confidentiality of the content of your Medical Data and/or Processed Data including,without limitation,International Privacy Laws.
ARTICLE 10 — MISCELLANEOUS
10.1 Waiver and Severability. Any waiver or modification of these Terms of Use will not be effective unless executed in writing and signed by you and PRIVIT. The failure of either party to enforce,or the delay by either party in enforcing,any of its rights under these Terms of Use will not be deemed to be a waiver or modification by such party of any of its rights under these Terms of Use. If any provision of these Terms of Use is held to be unenforceable,in whole or in part,such holding will not affect the validity of the other provisions of the Terms of Use.
10.2 Governing Law; Jurisdiction. These Terms of Use will be interpreted and construed in accordance with the laws of the State of Ohio,without regard to conflict of law principles. All disputes arising out of these Terms of Use shall be brought only in the state and federal courts located in Columbus,Ohio. EACH PARTY CONSENTS TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE STATE COURTS,AND FEDERAL COURTS,LOCATED IN COLUMBUS,OHIO.