Thanks for using our PatientIQ website, and other products and services (collectively, the "Services"). The Services are provided by Datamonkey LLC d/b/a PatientIQ ("we," "our," or "us"). By using our Services, you are agreeing to these terms. If you are the parent of a minor child, you provide consent on your child's behalf if you or your child use the Services. Please read them carefully. Our Services are diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services. By accessing or using our Services, you intend and agree to be legally bound by this agreement.
Misuse of Services. Users of PatientIQ agree to not interfere with our Services, try to access them using a method other than the interface and the instructions that we provide, or extensively or automatically copy any content from the Services (in other words, no scraping). You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services, including the PatientIQ name and logo. Do not remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services display some content that is not our own, for example, content belonging to other users. This content is the sole responsibility of the individual or entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we believe violates our policies or the law. But we do not generally review content beforehand, and we are not obligated to do so.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications in your PatientIQ Account. Please be aware that there may be a brief period before we are able to process your opt-out, but we will always respect your legal rights to opt out of receiving unwanted messages.
Some of our Services are available on mobile devices. Using our mobile Services may cause you to incur SMS or data charges with your wireless provider. Please be aware that we have no control over these charges, and if you do not wish to be charged, you should stop using the Services.
You may need an account in order to use some of our Services. If you are a healthcare provider, your account will be created by your PatientIQ Representative or Site Administrator. If you are a patient, you will be notified by your healthcare organization regarding your patient account for PatientIQ. All users of PatientIQ (healthcare provider or patient), will receive an email from [email protected] with their instructions to set their password for their user accounts. If you are using an account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.
To protect your account, keep your password confidential. You are responsible for the activity that happens on or through your account. If you learn of any unauthorized use of your password, please contact us at [email protected]
When you upload or otherwise submit content to our Services, you give PatientIQ (and those we work with) a royalty-free, worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
You agree that you will not:
Submit excessive or unsolicited commercial messages or spam any users,
Submit malicious content or viruses,
Solicit other people's login or other sensitive information,
Harass or bully other users, and
Post content that is hate speech, threatening or pornographic, that incites violence or that contains nudity or graphic or gratuitous violence.
Depending on your use of the Service, you may be required to agree to our End User License Agreement.
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time, although we'll be sorry to see you go. We may also stop providing Services to you, or add or create new limits to our Services, at any time.
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don't promise about our Services.
Other than as expressly set out in these terms or additional terms, neither PatientIQ nor its licensors, suppliers or distributors make any specific promises about the services. For example, we don't make any commitments about the content within the services, the specific functions of the services, or their reliability, availability, or ability to meet your needs. We also do not make any warranties or commitment relating to non-infringement, freedom from viruses or other harmful code, or error-free or uninterrupted operations. We provide the services "as is".
Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we disclaim all warranties.
When permitted by law, PatientIQ, and our licensors, suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.
To the extent permitted by law, the total liability of PatientIQ, and our licensors, suppliers and distributors, for any claims under these terms or relating to your use of the services, including for any implied warranties, is limited to the amount you paid us to use the services during the prior 12 month period (or, if we choose, to supplying you the services again).
In all cases, PatientIQ, and its licensors, suppliers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable or that is due to events outside of our reasonable control, such as wars, criminal activities, storms, natural disasters, acts of government, supply interruptions, or telecommunication or internet failures.
If you are using our Services on behalf of a business or employer, that business or employer accepts these terms, unless that business or employer has otherwise concluded a separate written agreement with us.
You hereby agree to indemnify, defend and hold harmless PatientIQ, its affiliated companies, and their respective directors, officers, employees, agents, representatives, partners, contractors, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, reasonable attorneys' fees), resulting from or arising out of your actual or alleged breach of these terms, any content you provide through the Services, or your use or misuse of the Services. However, you will not be responsible for claims, damages and costs which are found by a court of competent jurisdiction to have arisen solely from our wrongful acts or omissions.
The Service is not intended to be a source of medical advice. We do not provide any medical advice on or through the Service and you should not rely on any information on the Service to diagnose or treat any medical condition. IF YOU BELIEVE THAT YOU ARE EXPERIENCING A MEDICAL EMERGENCY OR NEED IMMEDIATE MEDICAL CARE, YOU SHOULD IMMEDIATELY CALL 911. Do not rely on electronic communications or communications through PatientIQ for immediate, urgent medical needs. If you believe you have any other non-urgent or non-emergency issue, question, or concern regarding your health or a medical condition, you should promptly contact your healthcare provider(s). Never delay or disregard medical or professional advice because of information you obtained through PatientIQ, or other communications you received through PatientIQ.
Any dealings with third parties conducted through the Service or Linked Sites, including but not limited to the delivery of and the payment for goods and Service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party. PatientIQ shall not be responsible or liable for any part of any such dealings.
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly and the "Last Updated" date at the end of these terms. We'll post notice of modifications to these terms on this page and/or notify you of modifications to these terms by e-mail or SMS or through the Services. We'll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than ten (10) days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and any additional terms for a Service, the additional terms will control for that conflict.
These terms control the relationship between PatientIQ and you. They do not create any third party beneficiary rights. If you do not comply with these terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of the United States and the State of Illinois will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Chicago, Illinois, U.S.A., and you and PatientIQ consent to personal jurisdiction in those courts.
You may not assign or delegate your rights or obligations relating to these terms or your account for the Services without our prior written consent. We may assign these terms or assign or delegate any of our rights or obligations at any time.
For information about how to contact us, please visit our contact page.
Legal documents are checked into Github for source control.
Terms of Service last updated: 4/16/2018.