healthŌme TERMS OF SERVICE
Last updated: December 13, 2022
healthŌme offers the Site, including all information and content within the Site (collectively, the “Content”) and various services (the “Services”) to you, the user (including, without limitation, browsers, vendors, customers, merchants, and/ or contributors of content) conditioned upon your acceptance of these Terms of Service and compliance with all applicable laws and regulations. Your use of certain features or components of our Site, access to certain Services may be limited to those users that have registered an account with us.
Please note that certain sections of the Site may be intended only for particular audiences such as healthcare professionals, patients and/or the general public. All Content including images, text documents, audio, video, and interactive media published on the Site is presented in summary form and is provided for informational purposes only. The Content is intended to help individuals better understand certain health conditions and treatment options. The Content is not intended in any way to be a substitute for professional medical advice and should not be interpreted as treatment recommendations. Only a qualified health- care provider who has had an opportunity to interact with the individual directly, with access to the individual’s medical records and the opportunity to conduct appropriate follow-up, can provide recommendations for treatment.
Always seek the advice of your qualified health provider with any questions you may have regarding a medical condition. Neither the Content nor any other Services offered by or through the Site is intended to be relied on for medical diagnosis or treatment without a qualified healthcare provider’s interaction and involvement. Never disregard medical advice or delay in seeking advice or treatment because of something you have read on the Site.
Any new features, tools or services which are added to the current Site shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. Any such changes will be effective as of the date of posting. It is your responsibility to check this page periodically for changes. Your continued use of, or access to the Site (including the Content) to obtain any Services following the posting of any changes constitutes your acceptance of those changes. Your sole remedy for any disagreements or issues with the changes to the Terms of Service is to immediately discontinue your use of the Site (including the Content and the Services).
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state of residence.
As further described below, our Services may include: (i) interpretation of laboratory results provided by licensed and qualified healthcare providers; (ii) genetic counseling services provided by licensed and qualified genetic counselors; (iii) diagnostic testing services provided by clinical laboratories and other vendors; (iv) creation of a precision treatment report by licensed and qualified healthcare providers; (v) peer-to-peer consultation with your treating physician by licensed and qualified healthcare providers; (vi) clinical trial enrollment support; (vii) nurse navigation support by licensed and qualified healthcare providers. These Services will be made available through the Site and also are subject to these Terms of Service. By accepting these Terms of Service, you agree that any Services you receive from any third-party medical practices, including their qualified healthcare providers, genetic counselors, clinical laboratories and other vendors, also are subject to these Terms of Service, and the third-party medical practices, genetic counselors, clinical laboratories, and other vendors, are third-party beneficiaries of these Terms of Service.
From time to time, we may modify or update the descriptions of our Services contained in this Section II or elsewhere on the Site. We also reserve the right at any time to discontinue a Service (or any part thereof). You agree and understand that we shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of a Service.
Our Services are currently available only to individuals who are at least eighteen (18) years of age or older (or at least the age of majority in their jurisdiction of residence).
Genetic Testing Services
We may provide access to genetic testing services offered by accredited clinical laboratories (“Laboratories”), including Kailos Genetics, Access Genetics, and Protean Biodiagnostics.
By accepting these Terms of Service, you acknowledge and accept that healthŌme is not a Laboratory. When you use the Services, you understand that we are simply connecting you to the Laboratories. healthŌme does not recommend or endorse any specific test or laboratory that may be mentioned in relation to the Services. HEALTHŌME MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, OR TIMELINESS OF THE LABORATORIES, AND IS NOT RESPONSIBLE FOR ANY OF THE SERVICES PROVIDED BY THE LABORATORIES.
Genetic Testing Ordering, Interpretation and Counseling Services
healthŌme does not engage in the practice of medicine and does not provide any healthcare or other licensed professional services; however, we may make certain genetic testing and genetic counseling services available to you by facilitating your access to third-party medical providers and genetic counselors. By using these Services, you understand and agree that you are not establishing a physician-patient relationship or other provider-patient relationship with healthŌme by using the Service.
You may have access to third-party licensed and qualified healthcare providers and genetic counselors (each, a “Provider” and collectively, the “Providers”) through one or more licensed medical practices that have agreed to provide professional services to individuals who obtain Services through healthŌme, including SteadyMD and Protean Biodiagnostics (collectively, the “Practices”). By using the Services, you may be entering into a physician-patient relationship or other provider-patient relationship with the Practices or one or more Providers. You understand that telemedicine and telecounseling services may not be a substitute for in-person care in all cases, and the Practices or your Providers may need to refer you to other service providers.
Before receiving or obtaining genetic testing or genetic counseling services through the Site, you will be required to review and provide informed consent in order to obtain such Services. See the Practices’ Telemedicine Consent. You agree that healthŌme is a third-party beneficiary of such consent and has the right to enforce it against you.
Through the Site, the Practices and Providers may order genetic tests that will be processed by the Laboratories, review the results of such genetic testing, and provide you with genetic counseling about such results. You understand and agree that the Practices and Providers are solely responsible for the clinical interpretation and counseling services that they provide to you. healthŌme is not responsible for the Practices’ or Providers’ acts, omissions or for any content of the communications made by them. In certain cases, a Provider may recommend that your genetic testing results should be shared with a healthcare provider or requires healthcare services that are not offered by the Practices or Providers, in which case, you will be notified accordingly and you will not be able to use the Services for that clinical issue.
HEALTHŌME MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, SUITABILITY, RELIABILITY OR TIMELINESS OF THE PRACTICES OR PROVIDERS AND IS NOT RESPONSIBLE FOR ANY OF THE SERVICES PROVIDED BY THE PRACTICES OR PROVIDERS.
HEALTHŌME AND USER-GENERATED CONTENT
All Content presented by healthŌme is intended to be used for personal, educational or informational purposes only. Any reliance on the Content is at your own risk. You agree and understand that we are not responsible if any Content made available on the Site, or as part of a Service, is not accurate, complete or current. We reserve the right to modify the Content at any time, but we have no obligation to update any of the Content. You agree that it is your responsibility to monitor any changes to the Content.
As part of our Services, we may provide various social media and interaction tools such as forums, posting comments and reviews. These Terms of Service govern your participation in such social media tools. You understand that we are not liable for any statements, representations, links or Content provided by our users in any forum on the Site (such Content shall be referred to as “User-Generated Content”) or any Third-Party Site (defined below). User-Generated Content, if displayed, is displayed for informational purposes only. We cannot and do not guarantee the accuracy, integrity or quality of User-Generated Content. You will not hold us liable in any way for (i) any errors or omissions in any User-Generated Content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any User-Generated Content. PLEASE NOTE: YOU ARE PROHIBITED FROM POSTING ANY USER-GENERATED CONTENT THAT INCLUDES INFORMATION PROTECTED BY THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 AND IT ACCOMPANYING REGULATIONS (“HIPAA”).
YOUR OBLIGATIONS; YOUR REPRESENTATIONS AND WARRANTIES
In addition to any other obligations set forth in these Terms of Service, you understand and agree that you are solely responsible for maintaining the security of your account. You are also solely and fully responsible for all activities that occur under your username and any other actions taken in connection with your account. You agree to immediately notify us in writing of any unauthorized use of this Site or any other breaches of security. You acknowledge and agree that we will not be liable for any acts or omissions by you, including any loss or damage of any kind incurred as a result of such acts or omissions.
You are solely responsible for providing and maintaining at your own expense, appropriate technological capabilities to use the Site and access the Services, including but not limited to, a device with a video camera and Internet access. We reserve the right to change the access configuration, including any software, hardware or other requirements at any time and without prior notice.
You shall submit only truthful, complete, and accurate information through the Site.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site, Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, gender expression, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site (and any Services) for any purpose, in our sole discretion.
By submitting any Content via the Site (such Content shall be referred to as “User Information”), you further represent and warrant that:
- You are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions in User Information to permit use of User Information in the manner contemplated by these Terms of Service);
- User Information does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;
- All “moral rights” that you may have in User Information have been voluntarily waived by you;
- To the extent applicable, you shall comply with the Federal Trade Commission’s Guides on the Use of Endorsements and Testimonials in Advertising;
- User Information is accurate;
- You are at least 18 years old and, if you are a minor, that you have obtained the consent of your parent or legal guardian to use the Site and their agreement to these Terms of Service;
- User Information does not cause injury to any person or entity or violate any obligations you may have with a third party;
- User Information is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, trolling, bullying, libelous, vulgar, obscene, invasive of another’s privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation;
- User Information does not contain any computer viruses, worms or other potentially damaging computer programs or files;
- User Information Is not a form of phishing and does not contain unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; and
You understand that we may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. Except as otherwise provided in these Terms of Service, you understand and agree that User Information will be treated as non-confidential and non-proprietary information.
All costs for your use of the Site and Services are covered by your policy. Neither healthŌme nor the Laboratories or Practices or Providers will charge you for Services rendered through the Site. Additional optional services, not covered by your policy, may be offered on the Site at additional charge.
THIRD PARTIES; THIRD-PARTY LINKS
You acknowledge and understand that certain of healthŌme’s shareholders, directors, officers, employees, contractors or agents may have a financial interest in one or more third parties providing the Services, and may profit from your use of such Services.
Further, certain Content and Services available on the Site may include materials from third parties. You understand and agree that healthŌme has no responsibility for the accuracy, suitability or reliability of such third-party Content.
Third-party links on the Site may direct you to a third-party website that is not affiliated with us (“Third-Party Site”). We are not responsible for examining or evaluating the content or accuracy of the information available on Third-Party Sites, and we do not warrant and will not have any liability or responsibility for any third-party materials or information contained on a Third-Party Site, or for any other materials, products, or services of third parties.
You understand and agree that we will not be liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party. Please carefully review the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the applicable third party.
INTELLECTUAL PROPERTY; LICENSES
healthŌme Intellectual Property
Subject to these Terms of Service, you are hereby granted a non-transferable, non-exclusive, limited, revocable license to use the software and access the Content provided to you through the Site. As between you and healthŌme, you understand and agree that all Content (except for User Information) displayed on our Site, or otherwise used in any messages to you, is our exclusive property. Except as permitted herein, any use of the Content (except for User Information), including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance is strictly prohibited.
User Information and Feedback
You grant us a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable and transferable right and license to User Information to use, reproduce, communicate, distribute, share, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute User Information and/or incorporate User Information into any form, medium or technology throughout the world without compensation to you. This license will survive the termination of these Terms of Service.
You understand and agree that any ideas, suggestions, knowhow, improvements, comments, or other feedback (collectively, “Feedback”) that you submit to us, whether by posting User Information on our Site or through any other communication or means, will be the exclusive property of healthŌme. To the extent you own any rights in the Feedback, you agree to assign and hereby do assign to us all right, title and interest in and to the Feedback. You agree to perform all acts reasonably requested by us to perfect and enforce such rights.
healthŌme may terminate your access to the Site or any of the Services at any time and for any reason, including, without limitation, your breach of any of the Terms of Service. Upon termination, your access to the Site and the terminated Services will immediately cease. The disclaimers, limitations of liabilities, releases and waivers set forth in these Terms of Service shall survive any such termination.
You may also terminate these Terms of Service at any time by notifying us that you no longer wish to use the Site, or our Services, or when you cease using the Site or the Services.
DISCLAIMER OF WARRANTIES
ALL SERVICES, THE SITE AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” HEALTHŌME, INCLUDING THE LABORATORIES, AND THE PRACTICES AND THEIR PROVIDERS, DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, OR NON-INFRINGEMENT. HEALTHŌME DOES NOT WARRANT OR GUARANTEE THAT THE CONTENT, SERVICES OR THE SITE ARE OR WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR THAT THIS SITE, OR ANY OTHER SOFTWARE, TECHNOLOGY OR SERVERS USED IN THE DELIVERY OF THE SITE (AND ITS CONTENT), THE PRODUCTS OR THE SERVICES ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU AGREE THAT WHEN YOU VIEW, DOWNLOAD OR OTHERWISE OBTAIN CONTENT FROM OR THROUGH THE SITE, OR BY USING THE SERVICES, YOU DO SO AT YOUR OWN RISK, AND THAT YOU WILL BE WHOLLY RESPONSIBLE FOR YOUR USE OF THE FOREGOING AND ANY LOSS OF DATA, DAMAGES TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, OR ANY OTHER HARM THAT MAY RESULT FROM SUCH USE. FURTHER, YOU UNDERSTAND THAT THE CONTENT AND OTHER INFORMATION AVAILABLE TO YOU AND THE TECHNOLOGY USED TO FORMULATE AND DELIVER SUCH CONTENT AND INFORMATION, MAY CONTAIN ERRORS, BUGS, PROBLEMS OR OTHER LIMITATIONS, AND THAT YOUR USE OF SUCH INFORMATION AND CONTENT IS AT YOUR OWN RISK AND SHOULD NOT RELY UPON IT WITHOUT VERIFICATION.
LIMITATION OF LIABILITY
HEALTHŌME, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES, THE LABORATORIES, AND THE PRACTICES AND THEIR PROVIDERS (COLLECTIVELY, THE “HEALTHŌME PARTIES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, THE CONTENT, OR ANY OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE HEALTHŌME PARTIES SHALL NOT HAVE ANY LIABILITY, ON ANY LEGAL BASIS WHATSOEVER, TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, CONTENT, AND SERVICES, EVEN IF THE HEALTHŌME PARTIES WERE ADVISED OF OR WAS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE HEALTHŌME PARTIES’ LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). Some jurisdictions do not allow certain limitations or exclusions of damages, so some of the foregoing disclaimers and limitations may not apply to you.
YOU AGREE THAT YOU MUST BRING ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE OR CONTENT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.
You agree to indemnify, defend and hold harmless the HEALTHŌME PARTIES from any and all third party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of the Site, or your breach of these Terms of Service (including any referenced policies of notices),or your violation of any law or the rights of a third party.
In connection with your access or use the Services, including the Site, you hereby consent to receive electronic communications from us, the Laboratories, and the Practices and their Providers, whether through email or through the Site, or other electronic means. You are responsible for checking and responding to these messages. You may not hold healthŌme, the Laboratories or the Practices or any of their Providers liable for any injury, loss, or claims resulting from your failure to read or respond to these messages or comply with the advice or instructions contained in a message from the Laboratories, the Practices or any of their Providers. You agree to the use of electronic documents and records in connection with this Terms of Service and all future documents and records in connection with the Site and Services—including this electronic signature and disclosure notice—and that this use satisfies any requirement that healthŌme provides you these documents and their content in writing. If you do not agree, do not enter into this Terms of Service. You have the right to receive a paper copy of electronic communications if and to the extent required under applicable Law. You may (a) obtain a paper copy of any document or record of these Terms of Service, (b) withdraw your consent to the use of electronic documents and records, or (c) update your contact information through your Application account. To receive or access electronic documents and records, you must have the following equipment and software: (i) a device that is capable of accessing the Internet, (ii) a compatible Internet browser, and (iii) software that permits you to receive and access Portable Document Format or “PDF” files, such as Adobe Acrobat Reader 8.0 or higher. To retain documents and records, your device must have the ability to download and store PDF files. Your access to this page verifies that your system and device meets the above receipt, access, and retention requirements.
COPYRIGHT AND TRADEMARKS.
All content included on the Site including, but not limited to, text, photographs, video, documents, graphics, button icons, images, artwork, names, logos, trademarks, service marks, and data (the “Marks”), in any form including the compilation thereof, are proprietary to healthŌme and protected by U.S. and international copyright law and conventions. The Marks include both Marks owned or controlled by healthŌme and Content owned or controlled by third parties and licensed to healthŌme. Except as set forth below, direct or indirect reproduction of the Marks, in whole or in part, by any means, is prohibited without our express written consent. You are authorized only to use the Site for personal use and are not authorized to reproduce, sell, or exploit the Site or content of the Site for commercial purposes.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Alabama.
Except as expressly set forth herein (e.g., in certain instances with respect to the Laboratories, and the Practices and their Providers), the parties agree that there are no third party beneficiaries of these Terms of Service.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service shall not create any partnership, joint venture, employment, or other agency relationship between you and healthŌme, the Laboratories, or the Practices and their Providers.
These Terms of Service and any policies or operating rules referenced or posted by us on the Site constitutes the entire agreement and understanding between you and us and supersedes any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
healthŌme may, in its sole discretion, transfer, its contractual rights and obligations set forth in these Terms of Service to any affiliate of healthŌme or to another third party in the event that some or all of the healthŌme’s business is transferred to a third party by way of merger, sale of its assets or otherwise. You may not assign any of your rights hereunder, and any such attempt by you will be deemed null and void.
Please send any questions to [email protected]