Effective: October 1st, 2021
OutcomeMD, Inc. and its affiliates (collectively, “OutcomeMD”, “we,” “us” or “our”) provides patient outcome tracking and management to help patients and clinicians follow and understand treatment results to improve care and enhance their business. Utilizing OutcomeMD’s owned and operated website, currently located at www.outcomemd.com (the “Site”); cloud-based patient outcome tracking, management and marketing platform, located at www.portal.outcomemd.com (the “Platform”); and web-enabled emails and texts sent as part of, in connection with, or relating to such software and information services (“Patient Surveys”); OutcomeMD provides the following services (together with our related content, features, applications and other services, including, without limitation, any new features and applications, “Services”):
“You” or “Your” refers to all individuals and other persons who access or use the Services, including, without limitation, any patient or, in the case of individual health care professionals and medical groups or related company (an “HCP”), the company that registers an Account (defined below) and its employees and consultants authorized to access or use the Services via an Account.
2. ADDITIONAL TERMS AND POLICIES
We also reserve the right, in our sole discretion, to modify the Services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of our Site or our Platform.
We will not have any liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse is to stop using the Services, including, without limitation, our Site and Platform. Continued use of the Services following any such changes indicates your agreement to such changes and satisfaction with all the Services.
4. SERVICES AVAILABILITY; TERMINATION
5. CERTAIN HCP ONLY TERMS
Your Account. When registering for an Account, you must provide true, accurate, current, and complete data about yourself (“Registration Data”). You must also promptly update your Registration Data to keep it true, accurate, current, and complete. You are the sole authorized user of your Account, and you may not assign or otherwise transfer your Account, or the use of your Account, to any other person or entity.
You are solely responsible for maintaining the confidentiality of your Account and the information in your Account, and, except as otherwise required by applicable law, you are solely responsible for all use of your Account, whether or not authorized by you. You agree to immediately notify OutcomeMD of any unauthorized use (or suspicion of unauthorized use) of your password or Account or any other breach of security related to your use of the Services. Neither OutcomeMD nor any of its respective shareholders, directors, officers, employees, consultants, or other agents (collectively, the “Released Parties”) will be liable, and you may be liable, for losses, damages, liability, expenses, and fees incurred by us or a third party arising from someone else using your Account, regardless of whether you have notified us of such unauthorized use. If you provide any information that is, or we have reasonable grounds to suspect is, untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof). You may not create an Account or use the Services if your Account has been previously disabled or you have been previously banned from use of the Services by us.
6. CERTAIN PATIENT ONLY TERMS
a. Patient Data
The Services are intended only to solicit, record, report, store, and transmit information that you, as a patient, submit and information related to the quality and outcome of healthcare services provided to you or your dependents (“Response Data”). THE SERVICES ARE NOT INTENDED TO DIAGNOSE OR TREAT ANY MEDICAL CONDITION OR AUTOMATICALLY ALERT YOU OR YOUR HEALTHCARE CLINICIANS TO ANY MEDICAL CONDITIONS. ALTHOUGH OUTCOMEMD MAY ENABLE YOU TO TRANSMIT RESPONSE DATA TO YOUR HEALTHCARE CLINICIAN, THE SERVICE IS NOT INTENDED FOR COUNTINUOUS MONITORING, AND WE DO NOT GUARANTEE A RESPONSE BY ANY HCP TO RESPONSE DATA REPORTED THROUGH THE SERVICE OR THAT A CLINICIAN WILL SEE THE RESPONSE DATA. You, as the user of the Services, are solely responsible for the use of the Response Data in connection with your medical care.
b. Analysis and Recommendations
NOTHING ON OUR SITE OR PLATFORM, INCLUDING, WITHOUT LIMITATION YOUR RESPONSE DATA, CONSTITUTES, OR IS MEANT TO CONSTITUTE, MEDICAL ADVICE OR ADVICE OF ANY KIND. Under some circumstances, OutcomeMD may present you with notifications, emails, text messages, or suggested actions based on OutcomeMD’s analysis of Response Data and other information you or your healthcare clinicians have provided to OutcomeMD. Those notifications or suggested actions, or lack thereof, are not an indication of your health, nor are those notifications or suggested actions intended to replace the opinion of your clinician. It is your responsibility to present your symptoms to your clinician, and to discuss with your clinician what the proper course of action is based on your medical history. OutcomeMD makes no representations about accuracy, reliability, completeness, or timeliness of any push notifications, as parts of the process for providing such notifications are outside of OutcomeMD’s control. You accept that any reliance on these notifications will be at your own risk, and OutcomeMD disclaims all liability arising from your use of them. You agree that OutcomeMD may send push notifications to your mobile device for Service-related or marketing purposes, if they are enabled and in accordance with our Privacy Policies. You may be able to turn off push notifications through your account settings.
c. Your Communication
8. ACCEPTABLE USE POLICY
By using the Services, including, without limitation, the Site and the Platform, you agree that you must not, and you must not authorize or encourage any third party:
In the event we determine that (or reasonably believe that), you have breached any of the aforementioned, we reserve the right to suspend or permanently deactivate your Account at our sole discretion. Further, you agree that the consequences of commercial use or re-publication of the Materials or other violations of the foregoing proscriptions may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy; accordingly, OutcomeMD will be entitled to seek temporary and permanent injunctive relief to prohibit such use or activity without the need to prove damages.
9. COMMUNICATIONS FROM OUTCOMEMD.
By using the Platform, creating an Account or responding to Patient Surveys, you agree that we may communicate with you via our Services or electronic messages, including, without limitation, email, text message/SMS, or push notifications in accordance with our Privacy Policies. You understand and agree that you may receive communications generated by automatic telephone dialing systems or which will deliver prerecorded messages sent by, or on behalf of, OutcomeMD. For clarity purposes, communications related to Patient Surveys are considered transactional messages, not promotional messages. submit a request to email@example.com, adjust the text and notification preferences in your device’s settings, or follow the opt-out instructions in the promotional emails or texts we send.
10. Third-Party Sites
Links from the Site. The Site and Platform may contain links to third-party websites, applications and advertisements (collectively, “Third-Party Sites”). When you click on a link to a Third-Party Site, we may not warn you that you have left our Site or Platform. Third-Party Sites are not under our control, and we are not responsible for and do not endorse such Third-Party Sites. You further acknowledge and agree that OutcomeMD will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such Third-Party Site. You may be charged fees to access or use the Third-Party Sites that are not covered by any fees you pay to us. You use all such links at your own risk. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Sites and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. We reserve the right to discontinue links to any Third-Party Sites at any time and for any reason, without notice.
Links to the Site. You must not link to the Site or any content on the Site except as explicitly permitted by this section or our Privacy Policies. Your permission to link to the Site is expressly conditioned upon your compliance with the following restrictions:
THE SERVICES, INCLUDING WITHOUT LIMITATION, THE SITE, PLATFORM, MATERIALS AND OTHER CONTENT ON THE SITE OR PLATFORM, ARE PROVIDED "AS IS" AND “AS AVAILABLE”.
OUTCOMEMD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, INCLUDING WITHOUT LIMITATION, THE SITE, PLATFORM, MATERIALS AND OTHER CONTENT ON THE SITE OR PLATFORM, UNLESS OTHERWISE SPECIFIED IN WRITING. WHILE REASONABLE EFFORTS HAVE BEEN MADE TO ENSURE THE MATERIALS ARE ACCURATE AND RELIABLE WHEN POSTED ON THE SITE OR PLATFORM, THE MATERIALS MIGHT NOT BE ACCURATE, COMPLETE OR CURRENT.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, OUTCOMEMD DISCLAIMS ALL TERMS, CONDITIONS, GUARANTEES, REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED, STATUTORY AND OTHERWISE), IN RESPECT OF THE SERVICES, INCLUDING WITHOUT LIMITATION, THE SITE, PLATFORM, MATERIALS AND OTHER CONTENT ON THE SITE OR PLATFORM, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. OUTCOMEMD DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, INCLUDING WITHOUT LIMITATION, THE SITE, PLATFORM, MATERIALS AND OTHER CONTENT ON THE SITE OR PLATFORM, WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT SERVICES, INCLUDING WITHOUT LIMITATION, THE SITE, PLATFORM, MATERIALS AND OTHER CONTENT ON THE SITE OR PLATFORM, ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. OUTCOMEMD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF SERVICES, INCLUDING WITHOUT LIMITATION, THE SITE, PLATFORM, MATERIALS AND OTHER CONTENT ON THE SITE OR PLATFORM, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE.
OUTCOMEMD SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUTCOMEMD’S REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. OUTCOMEMD IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
OUTCOMEMD DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE THROUGH THE SERVICES IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. ALL CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SERVICE IS SOLELY AT YOUR OWN RISK.
12. LIMITATION OF LIABILITY
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. EXCEPT AS REQUIRED BY LAW, NEITHER OUTCOMEMD NOR THE RELEASED PARTIES WILL BE LIABLE FOR ANY LOSS IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, SERVICES, INCLUDING WITHOUT LIMITATION, THE SITE, PLATFORM, MATERIALS AND OTHER CONTENT ON THE SITE OR PLATFORM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT LIMITING THE PREVIOUS SENTENCE, NEITHER OUTCOMEMD NOR THE RELEASED PARTIES WILL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER IN CONNECTION WITH SERVICES, INCLUDING WITHOUT LIMITATION, THE SITE, PLATFORM, MATERIALS OR OTHER CONTENT ON THE SITE OR PLATFORM, EVEN IF ANY OF THE FOREGOING IS FORESEEABLE OR OUTCOMEMD IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE BASIS ON WHICH A CLAIM FOR DAMAGES IS MADE.
OUTCOMEMD ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE SITE OR PLATFORM. OUTCOMEMD ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE SITE OR PLATFORM, AS WELL AS ANY THIRD-PARTY WEBSITE PAGES LINKED TO THE SITE OR PLATFORM, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN, OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A PATIENT THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold OutcomeMD and the Released Parties harmless from any actions, claims, demands, losses, liabilities, costs, damages and expenses (including attorneys’ fees), arising out of or in connection with (a) your use of the Services; (b) your breach of any of these terms and conditions, the Privacy Policies, or applicable laws, rules or regulations; (c) your violation of any rights of a third party, including intellectual property rights; and (d) any act or omission by you that results in (i) bodily injury, sickness, disease or death; or (ii) damage, injury or destruction to tangible or intangible property.
14. INTERNET DELAYS
The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Except as otherwise required by applicable law, neither OutcomeMD nor the Released Parties is responsible for any delays, delivery failures, or damage, loss or injury resulting from such problems.
The Materials are protected by copyright laws. You must not copy, reproduce, republish, post, transmit, display, perform, distribute, modify or create derivative works from the Materials without our prior written approval.
If you believe that any Material infringes your copyright, please notify us here: OutcomeMD, Inc., ATTN: Legal Department (Copyright Notification), 8155 Beverly Blvd., Los Angeles, CA 90048, email: firstname.lastname@example.org. Be sure to provide us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Site and the Material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying OutcomeMD that your copyrighted material has been infringed. The preceding requirements are intended to comply with OutcomeMD’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, OutcomeMD has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. OutcomeMD may also in its sole discretion limit access to the Site or Platform of any other portion of the Services of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
All trademarks and trade names appearing on the Site and Platform are owned by us or our licensors. You may not use these trademarks without the express written permission of the trademark owner.
17. EXPORT CONTROL
You may not export or re-export any Materials in violation of any applicable laws or regulations, including, without limitation, United States export laws and regulations. You agree to comply with all export laws and regulations of the United States or foreign authorities.
18. CHOICE OF LAW
19. DISPUTE RESOLUTION
20. EXCLUSIVE VENUE
22. ELECTRONIC COMMUNICATIONS
For contractual purposes, you understand and agree (a) to receive communications from OutcomeMD in an electronic form; and (b) that all terms and conditions, agreements, notices, disclosures, and other communications that OutcomeMD provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. You may withdraw your consent to the use of the electronic record by emailing us at email@example.com with “Revoke Electronic Consent” in the subject line. To view and retain a copy of this disclosure, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device. For a free paper copy email OutcomeMD at us at firstname.lastname@example.org with your contact information and mailing address. This Section does not affect any statutory rights you may have.