Subject to your compliance with these Terms, RNDS grants you a limited, non-exclusive, non-transferable license to download and install a copy of the Application on a mobile device that you own or control and to run such copy of the Application solely in connection with the business, organization or medical facility that provides you with a valid access code for use of the Application.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application in any way; (ii) modify or make derivative works based upon the Application; (iii) reverse engineer or access the Application in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Application, or (c) copy any ideas, features, functions or graphics of the Application; or (iv) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services.
The Applications is licensed and not sold, and RNDS and its third party licensors, if any, reserve all rights not expressly granted to you, including any and all worldwide rights in or to all intellectual property rights in and to the Application. RNDS and its third party licensors, if any, shall at all times retain all title to and ownership of the Application and all copies, improvements, enhancements or modifications thereto
Your Use of an Application
To use an Application, you first need to download the Application to a mobile device that you own or control. When signing up to use the Application, you will need to provide us with certain information, such as your name and email address. In the future, we may require additional information.
Upon successful download of the Application it can be used in connection with the business, organization or medical facility that has contracted with RNDS to implement the Application and Services. To use the Application you will need to get a valid access code from the applicable business, organization or medical facility. You will then enter the access code into the Application to access the Services.
You have to be 18 years of age or older and reside in a jurisdiction in which we offer any Application to use the Application. If you reside in a jurisdiction that restricts the use of the Application because of age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Application. You represent that you are of legal age to enter into a binding contract.
RNDS IS NOT ENGAGED IN THE PRACTICE OF MEDICINE, DOES NOT PROVIDE MEDICAL SERVICES, AND IS NOT A HEALTH CARE PROVIDER. WE ONLY ACT AS A TECHNOLOGY PLATFORM TO BE USED BY HEALTH CARE PROFESSIONALS AND PATIENTS TO COORDINATE BEDSIDE CARE OR BY BUSINESSES THAT WISH TO MONITOR THE HEALTH OF THEIR PERSONNEL IN CONNECTION WITH THE WORKPLACE. THE HEALTH CARE PROFESSIONAL WITH WHICH YOU ESTABLISH A TREATMENT RELATIONSHIP IS SOLELY RESPONSIBLE FOR PROVIDING YOU WITH MEDICAL SERVICES.
Your Use of the Services
You represent and warrant that the information you provide to us is accurate and complete. You acknowledge and agree that we are entitled at all times to verify the information provided and to deny your use of the Services at any time for any reason or no reason.
You may only access the Services using authorized means. It is your responsibility to check to ensure you download the correct Application for your device. We are not liable if you do not have a compatible device or if you download the wrong version of the Application for your device.
By accessing or using the Services, you further agree that:
- You will only use the Services for your sole, personal use and you will not resell them to a third party;
- You will not copy or distribute the Services or other Services content
- You will not upload or transmit any communications or content of any type that infringes or violates any rights of any party;
- You will not use the Services for any purpose in violation of local, state, federal or international laws;
- You will not use the Services as a means to distribute advertising or other unsolicited material to any third party;
- You will not impersonate another person;
- You will not post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other
- person or entity as determined by us in our sole discretion;
- You will comply with all applicable third party terms of agreement when using the Services (e.g., your wireless data service agreement);
- You will ensure that no unauthorized person shall have access to your mobile device or your RNDS passwords or accounts;
- You will promptly notify us in the event your RNDS passwords or accounts have been compromised;
- You will not assign or otherwise transfer your account to any other person or entity;
- You will not try to harm the Services or impair the proper operation of the network in any way whatsoever; and
- You will provide us with whatever proof of identity we may request.
We reserve the right to immediately terminate your use of the Services should you fail to comply with any of the foregoing rules.
There is no charge to register with us or download the Application on your mobile device. The business, organization or medical facility that provides you with an access code may pay RNDS a fee when you use the Application to access and use the Services. We reserve the right to introduce a fee in the future for downloading the Application as part of registering with us. If we decide to introduce such a fee, we will inform you accordingly and allow you to either continue or terminate your account.
Intellectual Property Ownership
RNDS alone (and its licensors, where applicable) shall own all right, title and interest, including all intellectual property rights, in and to the Application and the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Application and the Services. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of or created from the Application and the Services shall be owned solely and exclusively by RNDS, and/or, as applicable, RNDS’s third-party vendors, as shall any and all patent rights, copyrights, trade secret rights, trademark rights, and all other proprietary rights, worldwide therein and thereto, and you hereby assign to RNDS any and all of your rights, title or interests in the Application and the Services or any modification to or derivative work of the Application and the Services. You shall not remove or authorize or permit any third party to remove any proprietary rights legend from the Application or the Services.
No rights or licenses are granted except as expressly set forth herein. These Terms does not constitute a sale and does not convey to you any rights of ownership in or related to the Application or the Services, or any intellectual property rights owned by RNDS. RNDS’s name, logo and the product names and logos associated with the Application and the Services are trademarks of RNDS, its affiliated companies or third parties, and no right of license is granted to use them.
You grant RNDS a royalty-free, worldwide, transferable, sub-licenseable, irrevocable, perpetual license to use or incorporate into the Application and/or the Services any suggestions, enhancement requests, recommendations, correction or other feedback provided by you relating to the functionality and/or operation of the Application and/or the Services.
“User Data” means all non-public data provided by you to RNDS via the Application or the web site to the enable the provision of the Services. You own all right, title and interest in and to the User Data, as well as any data that is based on or derived from the User Data and provided to you as part of the Services. Notwithstanding anything to the contrary, RNDS has the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Application and the Services (including, without limitation, information concerning User Data and data derived therefrom), and RNDS has the right (during and after the term hereof) to (a) use such information and data to improve and enhance the Application and the Services, and (b) disclose such data, so long as it doesn’t otherwise disclose any User Data.
Our Right to Use User-Provided Content
We may, in our sole discretion, permit you to post or submit content and other materials through the Services (collectively, “User-Provided Content”). You grant us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such User-Provided Content, in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose that we choose. Also, you grant us, and anyone authorized by us, the right to identify you as the author of any User-Provided Content submitted by you. You will not receive any compensation of any kind for the use of any User-Provided Content submitted by you.
You acknowledge that RNDS only acts as a passive conduit for the distribution of the User-Provided Content and is not responsible or liable to you or to any third party for the content or accuracy of the User-Provided Content. You understand that we have no obligation to monitor any areas of the Services through which users can post User-Provided Content. However, we reserve the right at all times, in our sole discretion, to screen User-Provided Content and to edit, move, delete, and/or refuse to accept any User-Provided Content that in our judgment violates these Terms or is otherwise unacceptable or inappropriate, whether for legal or other reasons.
Any use by you of the User-Provided Content is entirely at your own risk. You represent and warrant that any User-Provided Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or publicity rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the right to grant the license described above.
You agree to indemnify and hold harmless RNDS, RNDS’s affiliates, and each of its and their respective directors, officers, managers, employees, shareholders, agents, representatives, licensors, successors and assigns from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of any User-Provided Content posted or transmitted through the Services by you or by others using your account.
THE APPLICATION AND THE SERVICES AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE APPLICATION AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. ANY ACCESS TO OR USE OF THE APPLICATION AND THE SERVICES IS VOLUNTARY. WE WILL REGARD ALL ACCESS OR USE AS VOLUNTARY AND AT THE SOLE RISK OF THE USER.
NOTHING CONTAINED IN THE APPLICATION OR THE SERVICES IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. Any information contained in any Application or the Services should not be relied upon as the basis of any health-care decision. The Application and the Services do not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment.
NEVER DISREGARD, AVOID OR DELAY IN OBTAINING MEDICAL ADVICE FROM YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER BECAUSE OF SOMETHING YOU HAVE READ THROUGH OUR APPLICATION OR WEBSITE. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, YOU SHOULD IMMEDIATELY CONTACT A NEARBY QUALIFIED HEALTH CARE PROFESSIONAL.
We do not control, supply, endorse, warrant or guarantee any information, products, services or merchandise supplied by any of the health care providers that you may connect with via the Application or the Services.
We also do not warrant or guarantee that files that may be available for downloading through the Application or the Services will be free of infections or viruses, worms, Trojan horses or other code that contains contaminating or destructive properties.
We, and our technology service providers, cannot and do not guarantee or warrant against errors, omissions, delays, interruptions or losses, including loss of data. You download and use the Application at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the Application.
WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT) WITH REGARD TO THE APPLICATION OR THE SERVICES, OR WITH RESPECT TO ANY INFORMATION PROVIDED ON OR THROUGH THE APPLICATION OR THE SERVICES. WE MAKE NO WARRANTY OR GUARANTEE THAT THE APPLICATION OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE APPLICATION OR THE SERVICES IS TO STOP USING THEM.
USE WARNINGS. RNDS DOES NOT OFFER MEDICAL ADVICE, DIAGNOSES OR OTHER HEALTH MANAGEMENT SERVICES OR ENGAGE IN THE PRACTICE OF MEDICINE. THE APPLICATIONS AND SERVICES ARE NOT INTENDED TO BE, AND DO NOT CONSTITUTE, A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE BY PHYSICIANS OR LICENSED INDEPENDENT PRACTITIONERS, OR A SUBSTITUTE FOR DIAGNOSIS, TREATMENT OR HEALTH MANAGEMENT. FURTHERMORE, THE INFORMATION PRODUCED BY THE SERVICES IS ONLY USEFUL TO THE EXTENT THAT THE INPUT DATA IS ACCURATE. YOU SHOULD ALWAYS RELY ON CLINICAL JUDGMENT WHEN MAKING DECISIONS REGARDING CARE. AT ALL TIMES, IT IS YOUR RESPONSIBILITY TO ACCESS, REVIEW AND RESPOND TO ALL RESULTS FROM USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY ALERTS MADE AVAILABLE BY THE SERVICE (COLLECTIVELY, SERVICE RESULTS), IN A TIMELY AND CLINICALLY APPROPRIATE MANNER, AND RNDS WILL HAVE NO LIABILITY TO YOU FOR ANY FAILURE TO APPROPRIATELY RESPOND TO ANY SERVICE RESULTS.
Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL RNDS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THESE TERMS, OR THE USE OF, OR THE INABILITY TO USE, THE APPLICATION OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR DATA MADE AVAILABLE THROUGH THE APPLICATION OR THE SERVICES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.
THE MAXIMUM LIABILITY OF RNDS FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND MEDICAL MALPRACTICE), OR OTHERWISE) OF EVERY KIND ARISING OUT OF THESE TERMS WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATION OF LIABILITY OF RNDS WILL COVER, WITHOUT LIMITATION, ANY TECHNICAL MALFUNCTION, COMPUTER ERROR OR LOSS OF DATA, AND ANY OTHER INJURY, ARISING FROM THE USE OF THE SERVICES.
You agree to indemnify and hold harmless RNDS, RNDS’s affiliates, and each of its and their respective directors, officers, managers, employees, shareholders, agents, representatives, licensors, successors and assigns from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of your use of the Application and the Services, violation of these Terms by you or any other person using your account, or your violation of any rights of another. We reserve the right to control the defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us.
Modifications to, or Discontinuation of, the Services
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Applications or the Services, or any portion thereof, with or without notice. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of the Services or any portion thereof.
If we need to change these Terms in the future, we will post the revised Terms of Service through our Application or website and update the “Last Revised” date, below, to reflect the date of the changes. You agree to review these Terms and Conditions of Use each time you use the Services so that you are aware of any modifications made to these Terms. By continuing to access or use the Services after we post such changes, you agree to these Terms, as modified.
Notice of Copyright Infringement
If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed through the Services in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by U.S. Mail to 1201 West Sixth Street, Suite D, Austin Texas 78703, Attn: Copyright Agent, or by email to email@example.com.
Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Services; (3) your contact information, including your address, telephone number, and, if available, email address or other electronic address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters can be found elsewhere on our website or through the Application.
hese Terms constitutes the entire agreement between us and you with respect to the subject matter contained in these Terms and supersede all previous and contemporaneous agreements, proposals and communications, written or oral, related to that subject matter. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are available through the Services. In the event of any conflict between any such third-party terms and conditions and these Terms, these Terms will govern. These Terms will be governed by and construed in accordance with the laws of the State of Texas, without regard to any conflicts of law provisions contained therein.
These Terms is personal to you and you may not assign it to anyone. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. These Terms is not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms may only be invoked or enforced by you or us. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Services or these Terms must be filed by you within one year after such claim or cause of action arose or be forever barred. Any and all provisions of these Terms that would reasonably be expected to be performed after the termination or expiration of these Terms shall survive and be enforceable after such termination or expiration including, without limitation, provisions relating to ownership, indemnification, limitation of liability and governing law.
Last Revised: July 15, 2020
2020 Bueller RNDS, Inc. All rights reserved.