Healigo Inc. ("Healigo"), has created the Healigo Application (the “Application”) and the website at http://www.healigo.com (the "Website" or the "Site") to provide a mobile software application and web-based portal designed to connect physical therapy clinicians with their patients to facilitate physical rehabilitation.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE WEBSITE OR DOWNLOAD OUR APPLICATION. BY CLICKING THE “I ACCEPT” BUTTON DISPLAYED AS A PART OF THE REGISTRATION PROCESS FOR USING OUR APPLICATION OR BY ACCESSING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OUR WEBSITE OR USE OUR APPLICATION.
1. Your Agreement.These Terms govern (i) your use of the Application and Website, (ii) your receipt of and participation in Healigo’s services offered through the Application (our “Services”), (iii) your provision of Care Plans, videos, photographs, text and other information in connection with using the Application (“Clinician Content "); and (iv) your use of information obtained through the Application and Website, including (a) information, software, artwork, text, video, audio, pictures, content, trademarks, trade dress, and other intellectual property owned by Healigo or its licensors and made available to you through the Application or Website (“Healigo Content”). Please read these Terms carefully; they impose legal obligations on you and on Healigo, and establish our legal relationship. By using the Application or accessing our Website, you are acknowledging that you have read and understood these Terms and agree to be legally bound by them. While you can visit the Website and review a range of information about Healigo, our Application, and our Services without registering, to download and use the Application and participate in the Services, we ask that you register to become a Clinician User.
In addition, if you become a Clinician User, during the registration process for your user name and password (and from time to time as we may require) you will be prompted to click/check an "I Accept" button/box, which further confirms your agreement to be legally bound by these Terms.
2. Our Services: Overview.The Application is designed connect Clinician Users with their patients who are Registered Users of the Application to facilitate physical rehabilitation. You may develop a rehabilitation care plan for your patient’s recovery (a “Care Plan”) and you can upload the Care Plan to your patient’s account in the Application so the patient can access his/her Care Plan outside of formal rehabilitation sessions. The Application will provide exercise reminders to the patient, along with instructions, videos and other information to enable the patient’s engagement in his/her Care Plan. Registered Users can also send videos and messages to you to ensure proper form and to facilitate in the tracking of the patient’s pain, activity and progress.
3. Obtaining a Password; Use of Your Password
3.2. Protecting Your Password.We may make the Application and certain areas of the Website accessible only to users that have a password. If we do so, and if you obtain a password, please keep in mind that we will treat anyone who uses your user name and password as “you.” We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of a person using your password. Therefore, we recommend that you maintain your user name and password in confidence, and that you refrain from disclosing this information to anyone who might “pretend” to be you with respect to the Website and your participation in the Services. We also ask that you notify us immediately if you suspect that someone is using your user name and/or password in this or any inappropriate manner.
5. Grant of Rights to Clinician Users
5.1. Grant of Rights to Clinician Users.Subject to Your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, worldwide right to access, execute, display, perform, and otherwise use the Application solely for Your/Your Organization’s internal business purposes, provided that you shall not (i) license, sublicense, sell, resell, distribute or otherwise commercially exploit the Healigo Application to any third party; (ii) modify or make derivative works based upon the Healigo Application; or (iii) reverse engineer, reverse compile, or access the Healigo Application in order to build a competitive product or service. You may access and view certain other password-protected areas of the Website and features of the Application, for use solely in conjunction with the Healigo Application and Services and as provided in these Terms, and you may not modify, copy, distribute, or otherwise use the Healigo Application, Content or Services.
5.2. Duration of Rights. You will continue to enjoy Your rights under Section 5.1 (Grant of Rights to Clinician Users) for as long as you are a registered Clinician User, unless Your password is revoked or suspended for misconduct, as set out in Section 9 (Monitoring; Revocation or Suspension of Use Privileges).
6. Ownership; Reservation of Rights.The information, software, artwork, text, video, audio, pictures, trademarks, trade dress, and other intellectual property embodied in the Application, Website or the Healigo Content, are the proprietary property of Healigo and its licensors, and are protected by U.S. and international copyright and other intellectual property laws, or are used under the principles of fair use. Healigo and its licensors retain all rights with respect to the Application, Website, Services and the Healigo Content except those expressly granted to you in these Terms. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material presented through the Application, the Website and/or through the Services unless specifically authorized in writing by Healigo.
7. Registered User Grant of Rights
7.1. Grant of Rights to Healigo in User Content.By submitting Clinician Content for participation in the Services and use of the Healigo Application, uploading files, or otherwise (if such features are available to you), you grant Healigo the right to use, copy, reformat, index, modify, display, and distribute your Clinician Content for the purposes of providing our Services, including sharing such Clinician Content with the patient Registered Users you designate to receive such Clinician Content. No compensation will be paid with respect to Healigo's use of your Clinician Content under this grant.
7.2. Registered User Comments/Feedback.Our Website and Application may allow Clinician Users to provide comments or feedback regarding our Website, the Application and our Services. By providing comments/feedback, you grant us the right to use your comments and feedback for the purposes of improving the Website, the Application and our Services.
7.3. Rights/Permissions You Must Have in Your Submitted Content.In submitting Clinician Content, you warrant that you have sufficient authority and rights to post such Content, and provide these use rights.
8. Code of Conduct.AS A CONDITION TO YOUR USE OF THE WEBSITE AND THE SERVICES, YOU AGREE TO FOLLOW OUR CODE OF CONDUCT, SET OUT BELOW. Under this Code, you will not:
- Upload, email or otherwise transmit any images or other User Content that is unlawful, obscene, harmful, hateful, invade the privacy of any third party, contain pornography, or are otherwise objectionable.
- Disseminate materials that impact or invade the privacy of others, such as photographs, video clips, sound recordings, personally identifiable information, or other materials that reveal personal, private or sensitive information about another person, without that person’s consent.
- Submit material that is intentionally false, defamatory, unlawfully threatening, or unlawfully harassing.
- Infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. Electronic materials – such as music, videos, games, images, and text in electronic form -- can easily be copied, modified and sent over networks (such as the Internet). These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. These materials may not be transmitted over the Website without the copyright owner's permission, or without a legitimate "fair use" justification for the transmittal.
- Transmit materials that contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
- Use the Website to artificially generate traffic or page links to a website or for any other purpose not expressly allowed under these Terms.
- Use the Website in a manner that could disable, overburden, or impair the Website, Healigo Application, or Services or interfere with any other party's use and enjoyment of the Website, Healigo Application , and Services, such as through sending "spam" email.
- Use the Website or Healigo Application to test or reverse engineer the Website in order to find limitations, vulnerabilities or to evade filtering capabilities.
- Seek to obtain access to any materials or information through "hacking," "data harvesting," or through other means we have not intentionally made available to you through the Website.
- Use the Website or Healigo Application for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Website to violate any law, statute, or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising).
Although we have no – and assume no -- obligation to monitor activities on the Website and the Healigo Application, please understand that we may employ filters designed to detect and block inappropriate content under this Code of Conduct. We reserve the right to request edits to remove any information or materials, in whole or in part, that we believe, in our sole discretion, are incompatible with our Code of Conduct. IF YOU DO NOT REMOVE OBJECTIONABLE CONTENT IN RESPONSE TO OUR REASONABLE REQUESTS, WE WILL TERMINATE YOUR USE OF SOME OR ALL OF THE HEALIGO APPLICATION OR SERVICES AT ISSUE.
10. Reports and Complaints.If you believe that a user has acted inappropriately, such as by violating our Code of Conduct, you may report your concerns either via the links we have included on the Website or in the Healigo Application, or by contacting us in accordance with Section 22 (Contact Us). If we are notified by a user that he/she believes Clinician Content on the Website and/or the Healigo Application does not comply with our Code of Conduct, we will investigate the allegation and determine in good faith, in our sole discretion, whether to remove or block access to such Content, or to take action with respect to the person or persons responsible for posting the Content.
11. Links to Third-Party Sites.The Website and Application may also contain links or produce search results that reference links to third party websites (collectively "Linked Sites"). Healigo has no control over these Linked Sites or their content and does not assume responsibility or liability for any content, opinions, or materials available on Linked Sites. Healigo does not endorse the content of any Linked Site, nor does Healigo warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other web-access device. By using the Website to search for or link to another site, you agree and understand that such use is at your own risk.
12. User Conduct; User Disputes.Healigo is not responsible for and is not liable for the Clinician Content or conduct of Clinician Users or other Registered Users. You are solely responsible for your Clinician Content, conduct, and interaction with other Clinician Users and Registered Users, both online or offline. We have no obligation to become involved in disputes between Registered Users or Clinician Users. If you have a dispute with one or more Registered Users or Clinician Users, you release Healigo (and our officers, directors, agents, employees, subsidiaries, and affiliates) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
13.1. No Medical Advice; Clinician Responsibility.The content on the Website and Application is provided for general informational purposes only and is not intended as, nor should it be considered a substitute for, professional medical advice. You are solely responsible for the Care Plans you provide for your patients. Healigo does not have and shall not have any obligation to review, examine, verify, endorse or otherwise approve any Care Plan. Healigo makes no representations or warranties with regard to Care Plans and Healigo shall have no liability with regard to same. We have no liability for the consequences to you or your patients in connection with your use of the Application, Website or the Services.
13.2. Warranty Disclaimer.HEALIGO DOES NOT PROMISE THAT THE WEBSITE, HEALIGO APPLICATION, OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT THE HEALIGO APPLICATION WILL PROVIDE SPECIFIC RESULTS FROM YOUR USE OF THE APPLICATION OR PARTICIPATION IN THE SERVICES OR YOUR USE OF ANY CONTENT, SEARCH, OR LINK ON IT. THE WEBSITE, HEALIGO APPLICATION, AND ALL SERVICES AND CONTENT WITHIN IT ARE DELIVERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WHEN YOU ACCESS THE WEBSITE AND HEALIGO APPLICATION, YOU DO SO AT YOUR OWN RISK. HEALIGO DOES NOT WARRANT OR REPRESENT THAT MATERIALS YOU DOWNLOAD FROM HEALIGO SITE OR APPLICATION WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES.
HEALIGO DISCLAIMS (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE WEBSITE AND/OR HEALIGO APPLICATION; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE WEBSITE OR HEALIGO APPLICATION, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE HEALIGO WEBSITE, HEALIGO APPLICATION AND RELATED SERVICES AND CONTENT IS AT YOUR SOLE RISK.
14. Limitation of Liability.UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL WELLCONNECTD BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE WELLCONNECTD WEBSITE, HEALIGO APPLICATION AND RELATED SERVICES AND CONTENT.
15. Indemnity.You agree to defend, indemnify, and hold Healigo and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your (i) Care Plans and any other information you may provide to your patients via the Website or Application, or (ii) breach of these Terms.
16. Contact for Alleged Copyright Infringement.Healigo respects the intellectual property rights of others and requires that its users do the same. If you believe that Content on the Website or other activity taking place on the Website constitutes infringement of a work protected by copyright (a "Work"), please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”) to respond to such concerns, as follows:
Your notice must comply with the DMCA. Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.
17. Modifications to these Terms.We may modify and change these Terms over time. We will not "retroactively" change these Terms, and any modifications we make shall take effect proactively, once you next access the Application or Website. Please feel free to print out a copy of these Terms for your records.
18. Assignment.These Terms shall not be assignable by you, either in whole or in part. Healigo reserves the right to assign or otherwise transfer its rights and obligations under these Terms.
20. Survival.The following provisions shall survive the termination of these Terms and shall apply indefinitely:
- Section 6 (Ownership; Reservation of Rights)
- Section 13 (Disclaimers)
- Section 14 (Limitation of Liability)
- Section 15 (Indemnity)
- Section 18 (Assignment)
- Section 19 (General)
- Section 20 (Survival)
22. Contact Us.If you have any questions about these Terms, the practices of this Site, or your dealings with this Website, you may contact us, for any reason, by e-mail as follows:
COPYRIGHT AND LEGAL NOTICE. Copyright © 2017 Healigo Inc. All Rights Reserved.