(a) Authorized Individuals. An Authorized Individual is an individual whom you authorize to access your Manage My Surgery account on your behalf, and may include family members, caregivers and other support team members.
(b) Authorized Individual-Representative. An Authorized Individual-Representative is an individual who has authority to create and manage a Manage My Surgery account on behalf of a Dependent and may include a parent, guardian, or other legal representative.
(c) Dependent. A Dependent is a minor child or other individual for whom an Authorized Individual-Representative is the legal representative.
(d) Personal Information. Personally-identifying information, including your name, mobile number, address and includes any health information and other unique identifiers.
(e) Authorized Provider. A healthcare provider, healthcare practice, or hospital that you authorize to provide and receive information about you and your personal medical needs, events and questions, which may include personal health information, through the Application and Service.
2. Legal Agreement
The Service is made available only to individuals who are at least 18 years old. If you are less than 18 years old, an Authorized Individual Representative may register and establish an account for your use.
3. Your Account; Authorized Individuals
You must provide accurate and complete registration information when you register to use the Service. You are responsible for the security of your userid and/or passwords and for any use of your account using such userid or passwords. You agree to notify us promptly of any unauthorized access to or use of your account. Company reserves the right in its sole discretion to determine who may qualify for an account and reserves the right to reject or revoke any account at any time without liability.
Company may enable you to create accounts for minors or other members of your family over whom you have legal authority. You may only do so if you are the Authorized Individual-Representative, and by doing so, you certify that you have such authority. Company may enable you to give access to your account to Authorized Individuals. When you give access to an Authorized Individual, you grant permission to such Authorized Individual to access the information contained within, communicate with your Authorized Providers and/or perform certain other actions through, the Service. You also may permit your Authorized Providers to communicate with such Authorized Individuals about your health status through the Service. You will be solely responsible for all use of the Service by such Authorized Individuals and may remove or add Authorized Individuals through the Application.
4. Use of the Service
The Service is provided to you for your personal use. The Service is intended to help you obtain information about your upcoming medical procedure or surgery and manage the process of preparing for and recovering from such procedure or surgery. You understand and agree that the Service is intended only as a tool and includes general information regarding your procedure or surgery, including common questions and issues, but that the information may not address any specific questions or issues specific to your individual medical condition.
You may use the Service to receive in-app notifications from your Authorized Provider or other third parties. Company may also utilize the Service to send you notifications relating to your use of the Service, including reminders and customer service notifications, including notifications relating to any potential data breach and you hereby agree to receipt of such Company messages.
5. User Information
Company is committed to protecting your personal information and employs a variety of security technologies and procedures to help protect your information from unauthorized access, use, and disclosure. Some of our users may be "covered entities" as defined in and for the purposes of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and the Health Information Technology for Economic and Clinical Health of 2009 ("HITECH") and the regulations adopted thereunder (collectively and as may be amended "Health Privacy Laws"). If we store, process or transmit individually identifiable health information (as defined under the Health Privacy Laws) on behalf of a covered entity, we may do so as "business associate" and as set forth in a separate business associate or provider agreement. In such cases, Company is obligated to treat the individually identifiable health information in accordance with the applicable Health Privacy Laws.
If you are not a covered entity and you are registering for the Service for your own personal use and not in connection with a covered entity (e.g., a hospital or physician/physician practice), you understand and agree that Company is not a healthcare provider or other "covered entity" for the purposes of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and that Personal Information provided by you to Company or through the Service will not be subject to HIPAA requirements or deemed Protected Health Information for such purposes; provided, however, if you are registering for the Service in connection with health care services to be provided by a covered entity, as a business associate of such covered entity, Company is obligated to treat any individually identifiable health information provided by you to Company or through the Service (and any other individually identifiable health information created, received, maintained, or transmitted by Company on behalf of a covered entity) in accordance with the applicable Health Privacy Laws.
You shall retain ownership of all information and data you provide to Company through the Service, including without limitation, any Personal Information and other text, graphics, audio, video, photographs and other materials you may store, post, distribute or provide through the Service ("User Content"). You are solely responsible for your User Content. You hereby grant to Company the right to use and access the User Content as necessary or appropriate for the provision of the Service, including the reproduction, display, modification and distribution of the User Content through the Service.
6. Provider Access
As part of the Service, you may authorize and designate one or more Authorized Providers to receive and provide Personal Information about you, which may include personal health information and questions and information regarding your medical status, medical procedure(s) and recovery. You may use the Service to share certain Personal Information with such Authorized Providers. You may use the Service to communicate with such Authorized Providers. You understand that any decision to use the Service in such ways is entirely voluntary. You understand that if you authorize an Authorized Provider to access your Personal Information in the Service and communicate with you via the Service that Authorized Provider may permit its/his/her staff and other authorized users within its/his/her facility or office to use the Service to access your Personal Information and communicate with you as well.
You acknowledge and agree that Company is not responsible for any Authorized Provider misidentifying itself or any misuse of the data by such Authorized Providers or their authorized personnel. Company's sole liability and sole responsibility shall be to discontinue access to your account by any entity or individual which Company learns misidentified itself/himself/herself or is otherwise misusing your Personal Information or account.
You may revoke any Authorized Provider's, other third-party's, or Authorized Individual's permission to (a) communicate with you through the Service; (b) access your information or account through the Service; or (c) receive or provide Personal Information to your account through the Service. However, copies of all of your Personal Information previously disclosed to such Authorized Providers, third parties, or Authorized Individuals may be retained by such persons or entities. Company cannot, and has no obligation to, remove such information from the Authorized Providers, third-parties, or Authorized Individuals.
Company is relying on you to review and assess the qualifications of your Authorized Providers and to make appropriate decisions with respect to Authorized Individuals. Company does not examine the credentials of, perform background checks on, or give its endorsement to any Authorized Provider or Authorized Individual.
7. Authorized Individuals
You may grant access to your Manage My Surgery account to one or more Authorized Individuals. You may grant an Authorized Individual access to your Manage My Surgery account by specifically authorizing Manage My Surgery to permit access by such Authorized Individual to your Manage My Surgery account. When you grant access to an Authorized Individual, you may manage the level of access and/or control the Authorized Individual may have with respect to your account through the Service. You acknowledge and agree that: (a) you are solely responsible for verifying the identity of, and monitoring the use by, any Authorized Individual you select; and (b) Company has no responsibility or liability in connection with any access to, or use of, your account and information by any Authorized Individual.
During Company’s beta and evaluation period, Company may provide the Service to users free of charge. However, Company reserves the right to establish fees for your continued use of the Service at any time upon written or electronic notice. All new fees, if any, will be posted in appropriate locations on the Service. Company reserves the right to change its fees, if any, from time to time in its discretion. If Company establishes fees for use of the Service, you understand and agree that your access to and use of the Service may be terminated if you do not agree to pay such fees.
Regardless of whether Company provides the Service free of charge or in consideration for the payment of fees, you will be solely responsible for any internet and wireless access required to use the Service and for the cost of all carrier and data access charges imposed by your service provider.
9. Company Proprietary Rights
10. Restrictions on Use
Your use of the Service and any content accessed or submitted through the Service must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software. Specifically you agree not to do any of the following: (a) upload to or transmit on the Service any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (b) use the Service to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (c) intercept or attempt to intercept electronic mail or messages not intended for you; (d) misrepresent an affiliation with any person or organization; (e) upload to or transmit on the Service any advertisements or solicitations of business; (f) restrict or inhibit use of the Service by others; (g) upload or otherwise transmit files that contain a virus or corrupted data; (h) collect information about others (including e-mail addresses or mobile numbers) without their consent; (i) access or attempt to access any account or other user information to which you do not have permission; (j) create, transmit, or display User Content or other health or other information that you do not own or do not have the right to use; (k) post or send "spam," transmit chain letters or engage in other similar activities; (l) advocate illegal activity or discuss an intent to commit an illegal act; (m) disobey any policy or regulations, including any code of conduct or other guidelines, established from time to time regarding use of this Service or any networks connected to this Service; (n) upload to or transmit on the Service any hyperlinks to other sites that contain content that falls within the descriptions set forth in this Section; or (o) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by Company, may harm Company or users of the Service or expose them to liability.
You further agree that you will not: (i) use any device, software or routine that interferes with the proper working of the Service, (ii) attempt to interfere with the proper working of the Service, (iii) take any action that imposes an unreasonable or disproportionately large load on Company' infrastructure, or (iv) access, reload or "refresh" transactional pages, or make any other request to transactional servers, more than once during any three (3) second interval.
11. Maintenance and Support
12. Modification and Termination
You also have the right to terminate your Manage My Surgery account. You may delete your Manage My Surgery account at any time by using the functions available through the Service and deleting the Application from your mobile device.
13. Not Medical Advice
YOU ACKNOWLEDGE AND AGREE THAT NEITHER COMPANY NOR THE SERVICE OFFERS MEDICAL ADVICE. ANY CONTENT OR DATA ACCESSED THROUGH THE SERVICE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF HEALTH CARE PROVIDERS IN DIAGNOSING AND TREATING PATIENTS. COMPANY, ITS LICENSORS AND SERVICE PROVIDERS ARE NOT RESPONSIBLE FOR THE ACCURACY, TIMELINESS, OR COMPLETENESS OF YOUR PERSONAL INFORMATION, OR FOR ANY RELIANCE BY YOU OR ANY MEDICAL PROFESSIONAL ON YOUR PERSONAL INFORMATION WITHIN MANAGE MY SURGERY. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER BEFORE FOLLOWING OR CHANGING ANY TREATMENT OR REGIMEN. ONLY YOUR DOCTOR CAN PROVIDE YOU WITH ADVICE ON WHAT IS SAFE, APPROPRIATE AND EFFECTIVE FOR YOU. IF YOU HAVE ANY QUESTIONS REGARDING YOUR PROCEDURE, TREATMENT, RECOVERY OR HEALTHCARE, PLEASE CONTACT YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER. DO NOT DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF CONTENT ON THE SERVICE. THE APPLICATION AND CONTENT PROVIDED ON THE SERVICE SHOULD BE USED IN CONCERT WITH YOUR PHYSICIAN OR HEALTHCARE PROVIDER. USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK AND COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND THAT MAY RESULT FROM YOUR USE OF THE SERVICE OR RELIANCE ON ANY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE.
14. Exclusion of Warranties
THE APPLICATION AND SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY DOES NOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR-FREE OR THAT THE SERVICE WILL BE TOTALLY SECURE. COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR THEFT OF PERSONAL INFORMATION OR DATA TO THE EXTENT SUCH INFORMATION OR DATA IS BEING TRANSMITTED OVER THE INTERNET OR OTHER MEDIUM BEYOND THE CONTROL OR JURISDICTION OF COMPANY.
NEITHER COMPANY NOR ANY OF COMPANY'S LICENSORS OR SERVICE PROVIDERS MAKES ANY EXPRESS WARRANTIES, AND EACH OF THEM DISCLAIMS ALL IMPLIED WARRANTIES WITH RESPECT TO THE SERVICE, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER COMPANY NOR ANY OF COMPANY'S LICENSORS OR SERVICE PROVIDERS MAKES ANY WARRANTY THAT THE CONTENT IN THE SERVICE SATISFIES GOVERNMENT REGULATIONS, ADDRESSES THE NEEDS OF YOUR PERSONAL SITUATION OR IS ACCURATE, COMPLETE OR UP-TO-DATE. CONTENT IN THE SERVICE IS DEVELOPED FOR USE IN THE UNITED STATES, AND NEITHER COMPANY NOR ANY OF COMPANY'S LICENSORS OR SERVICE PROVIDERS MAKES ANY REPRESENTATION CONCERNING THE CONTENT WHEN USED IN ANY OTHER COUNTRY.
15. Limitation of Liability
NEITHER COMPANY NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, WRONGFUL DEATH, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SERVICE, INCLUDING ANY CONTENT AVAILABLE ON THE SERVICE, WHETHER OR NOT THERE IS NEGLIGENCE BY COMPANY AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. NEITHER COMPANY NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN $100. THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR JURISDICTION.
Beta, Evaluation or Trial Use
If you have acquired a beta, free trial or evaluation subscription for use of the Service (a "Trial Use"), the following terms shall apply in connection with your Trial Use, notwithstanding anything to the contrary herein: (i) your Trial Use will be limited to the Trial period and with respect to the specific medical procedure for which you subscribe; provided however, that Company may terminate any Trial Use at any time, with or without prior notice; (ii) your Trial Use may include limitations on the use of the Service; and (iii) your account will automatically terminate at the end of the Trial Use. Trial Use may include beta or other features that may not yet be commercially available and in such case Company makes no assurances that such features will be included in the commercial version of the Service, or that such features will not be substantially modified. Notwithstanding anything to the contrary herein, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, REGARDING THE SERVICE UNDER ANY TRIAL USE AND COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT OR OTHER DAMAGES RESULTING FROM YOUR TRIAL USE. YOUR ONLY REMEDY FOR ANY BREACH OF THIS AGREEMENT BY COMPANY OR FAILURE OF THE SERVICES WITH RESPECT TO SUCH TRIAL USE IS TO TERMINATE YOUR USE OF THE SERVICE.
16. Third-party Content & Services
Company may make third-party services available through the Service. Company is not responsible for and does not endorse any third-party content or services, and does not make any representations or warranties regarding their quality, content or accuracy. Company further does not endorse any third-party Service Providers (including Authorized Providers), products, services, opinions, or web sites accessed through the Service. USE OF THIRD-PARTY SERVICES AND RELIANCE ON THEIR CONTENT IS SOLELY AT YOUR OWN RISK. COMPANY MAY NOT BE HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF ANY THIRD-PARTY SERVICE OR CONTENT.
17. Law and Venue
18. General Legal Terms
19. Third-Party Device and Application Terms.
If you are accessing the Service via an application on a device provided by Apple, Inc., Google, Inc., Samsung, Inc., Microsoft Corporation, BlackBerry Limited, or any other applicable service provider that provides the Service via a web-based or mobile-based application (each a "Third-Party Device Company"), or an application obtained through any of the Third-Party Device Company’s application store (each application store an "Application Store" and each application obtained therefrom, an "Application"), the following shall apply:
(b) You will only use the Application in connection with a Third-Party Device Company device that You own or control and as permitted by the Usage Rules set forth in the respective Application Store Terms of Service;
(c) Both you and Company acknowledge and agree that Third-Party Device Company has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
(d) In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify the respective Third-Party Device Company of such failure, and Third-Party Device Company will refund the purchase price for the Application to you; and to the maximum extent permitted by applicable law, Third-Party Device Company will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will, as between Third-Party Device Company and Company, be Company’s sole responsibility;
(e) Both you and Company acknowledge that, as between Company and Third-Party Device Company, Company, not Third-Party Device Company, is responsible for addressing your claims or the claims of any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation;
(f) Both you and Company acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Company, and not Third-Party Device Company, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
(g) You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
(k) Third-Party Device Company, any of each’s respective logos and registered trademarks are trademarks of each Third-Party Device Company, as applicable.
Last modified: June 6, 2018