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Terms of use

BY USING THIS WEBSITE (“WEBSITE”), YOU AGREE TO FOLLOW AND BE BOUND BY THE FOLLOWING TERMS OF USE (“TERMS OF USE”). IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS WEBSITE.

COPYRIGHT

Copyright 2019-2022. Ciba Health Inc. (“Ciba”), USA. All rights reserved.

The information, text, photographs, graphics, and other content contained on this Website (“Site Content”) are owned by Ciba and its licensors. Ciba grants you a limited license to reproduce portions of the Site Content for the sole purpose of reviewing the Site Content as an applicant for employment, a current or potential customer, current or potential business partner, or current or potential investor of Ciba. All copyright and other proprietary notices on any Site Content must be retained on any copies. Any unauthorized reproduction or modification, distribution, or performance of any Site Content is strictly prohibited. Ciba and its suppliers reserve all rights not granted in these Terms of Use. Ciba reserves the right, at any time, to modify the Site Content or to modify, suspend, or discontinue this Website or any part thereof with or without notice. You agree that Ciba will not be liable to you or to any third party for any modification of the Site Content or modification, suspension, or discontinuance of this Website.

TITLES

You are advised that, although certain individuals are identified on this Website, or in content linked from this Website, as “Providers”, such titles reflect business usage that is customary within the healthcare and virtual care industry (ie, physicians, health coaches, dietitians, and therapists) and are not intended to indicate terms used for legal purposes.

TRADEMARKS

Ciba Health Inc., Ciba Health, CIBA HEALTH, CIBA, Ciba, the Ciba Logos, and the names of Ciba services are trademarks and/or service marks of Ciba in the United States and/or other countries. Other product or service names and company names and logos mentioned on this Website may be the trademarks or service marks of their respective owners. You are not permitted to use the trademarks or service marks contained on this Website without the prior written consent of the respective owners.

LINKS TO THIRD PARTY SITES

This Website may contain links to third party sites. Access to any other Internet site linked to this Website is at your own risk, and Ciba is not responsible for the accuracy or reliability of any information, data, opinions, advice, statements or other content on these sites. Ciba provides these links merely as a convenience and the inclusion of such links does not imply any endorsement.

REGISTRATION

Some portions of the web site may require you to register. When and if you register, you agree to (a) provide accurate, current and complete information about yourself as prompted by our registration form and (b) maintain and update your information to keep it accurate, current and complete. As part of the registration process, you may be asked to select a username and password. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to this Website to any third party.

CORRESPONDENCE

With the exception of HIPAA protected and private patient information, Ciba cannot and does not accept any obligations of confidentiality or any fiduciary duty with respect to any information sent to it through this Website or otherwise (including any unsolicited service offering or business plans), unless it has entered into a specific written nondisclosure agreement that covers such information (“NDA”). Absent an NDA, Ciba will treat any feedback, suggestions, or other submissions (“Feedback”) you provide to Ciba as non-confidential and non-proprietary, you agree that you will not submit to Ciba any Feedback that you consider to be confidential or proprietary, and Ciba will be entitled to use your Feedback for any commercial or other purpose whatsoever without paying any compensation to you.

MAILINGS

By submitting your contact information and any other personal information through this Website, you hereby authorize Ciba to use and disclose this information, including for the purposes of sending periodic mailings to you about Ciba products, services, and news.

GENERAL DISCLAIMER

Although Ciba strives to provide information that is useful and accurate, a possibility exists that the Site Content could include inaccuracies or errors. CIBA MAKES NO REPRESENTATIONS, GUARANTEES OR WARRANTIES AS TO THE COMPLETENESS OR CORRECTNESS OF THE WEBSITE OR ANY SITE CONTENT. THE WEBSITE AND SITE CONTENT ARE PROVIDED “AS-IS” FOR USE AT YOUR OWN RISK AND ALL WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY, ARE DISCLAIMED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, NON INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND QUIET ENJOYMENT. CIBA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE WEBSITE OR SITE CONTENT. THE WEBSITE AND SITE CONTENT MAY NOT BE CURRENT AT THE MOMENT YOU VISIT THIS WEBSITE AND MAY CONTAIN ERRORS.

SERVICES PROVIDED

Ciba delivers clinical services via the Ciba Services to their patients. Your interactions with Us via the Services are not intended to take the place of your relationship with your regular healthcare practitioners or primary care physician. Telehealth involves the delivery of healthcare services using electronic communications, information technology or other means between a healthcare provider and a patient who are not in the same physical location. While the provision of healthcare services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth. Telehealth services are not a substitute for in-person healthcare in all cases. In order to use the Services, you will be required to review and agree to an informed consent regarding the use of telehealth. In the event you are receiving healthcare services provided by a Ciba provider, then you must agree to the Ciba Health Telehealth Informed Consent that will be provided to you by Ciba through the App and/or via the Platform.

Excluding healthcare services provided by a Ciba provider, the Content of the App and or Platform, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and is not part of the professional medical advice, diagnosis, treatment, or recommendations provided through the Services by Ciba. You should always seek the advice of Your qualified healthcare professionals with any questions or concerns You may have regarding Your individual needs and any medical conditions.

The App and/or Platform and the information provided on or through the App and/or Platform are not intended to take the place of Your relationship with Your regular healthcare practitioners or primary care physician. Except as set forth herein, neither Ciba, nor any of its subsidiaries or affiliates or any third party who may promote the App and/or Platform or Services or provide a link to the Services, shall be liable for any information obtained from the App and/or Platform or Services. Ciba and its providers do not recommend or endorse any specific tests, physicians, medications, products, or procedures.

NOT FOR EMERGENCIES

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.

Ciba Health’s App and/or Platform and Services are not for medical emergencies or urgent situations. You should not disregard or delay to seek medical advice based on anything that appears or does not appear on the App and/or Platform. If You believe You have an emergency, call 9-1-1 immediately.

You should seek emergency help or follow up care when recommended by a healthcare provider or when otherwise needed. You should continue to consult with Your primary healthcare provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions You have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.

Not an Insurance Product. Ciba is not an insurer. The Services are not insurance products, and the amounts paid to Ciba are not insurance premiums. If You desire any type of health or other insurance, You will need to purchase such insurance separately.

Availability of Services. Ciba operates subject to state and federal regulations, and the Services may not be available in Your state. You represent that You are not a person barred from enrolling for or receiving the Services under the laws of the United States or other applicable jurisdictions in which You may be located. Access to and use of the App and/or Platform or the Services is limited exclusively to users located in States within the United States where the Services are available. Services are not available to users located outside the United States. Accessing the App and/or Platform or Services from jurisdictions where content is illegal, or where We do not offer Services, is prohibited.

No Users Under 18 Years Old. In order to access the Services, You represent and warrant that You are older than 18 years old. If You are under the age of 18, please do not attempt to register with Us for Services or provide any personal information about Yourself to Us. If We learn that We have collected personal information from someone under the age of 18, We will promptly delete that information. If You believe We have collected personal information from someone under the age of 18, please contact Us at [email protected].

REGISTRATION AND ACCOUNT RESPONSIBILITY

In the event that You become eligible to participate in the Services as an “Authorized User,” You will be provided with a notification that You are eligible to participate in the Services as an “Authorized User”. To become an Authorized User, You are required to register for the Services and provide certain information about Yourself. We will validate Your right to receive the Services and create an Authorized User account on Your behalf, which You will use to access the App and/or Platform and use the Services. You will provide Ciba with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of Your account. You shall not use a false name, email address or phone number or otherwise enter information with the intent to impersonate another person. It is a condition of Your use of the App and/or Platform and Services that all the information You submit to Us is complete, current and correct.

All information We collect about You in connection with the Services is subject to our then-current Privacy Policy. We also track certain Authorized User interactions with the App and/or Platform. This includes: viewing a page, tapping a button, time spent on a page, time for a page to load, and data entered into the App and/or Platform. By using the Services, You consent to all actions taken by Us with respect to Your information in compliance with the Privacy Policy, including being contacted via email, text message (SMS) or other electronic means.

Your Authorized User account may only be used for Your personal use, and will require a username and password (“Account Credentials”). Your Account Credentials are personal to You, and You are solely responsible for maintaining the confidentiality of Your Account Credentials, and for all activities that occur under Your account. You shall: (a) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all data You provide; (b) maintain the confidentiality of Your Account Credentials; (c) prohibit anyone else from using Your Account Credentials and agree to immediately notify Ciba of any actual or suspected unauthorized use of Your Account Credentials or other security concerns of which You become aware; and (d) comply with all applicable local, state, and federal laws in using the Services.

Electronic Communications. When You use the App and/or Platform or Services, or send emails, messages, and other communications from Your desktop or mobile device to Us, You are communicating with Us electronically. You consent to receive communications from Us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that We provide to You electronically, satisfy any legal requirement that such notices and other communications be in writing. Ciba may contact You by telephone, mail, or email to verify Your account information. Ciba may request further information from You and You agree to provide such further information to ensure that You have not fraudulently created Your account. If You do not provide this information in the manner requested within 14 days of the request, Ciba may suspend, discontinue, or deny Your access to and use of the App and/or Platform and the Services until You provide the information to Us as requested.

CONSENT TO RECEIVE CALLS AND TEXT MESSAGES

By providing your mobile number, you are agreeing to be contacted by or on behalf of Ciba at the mobile number you have provided, including calls and text messages, to receive Service related (e.g., progress tracking, reminders, etc.) messages and communications relating to the Services. Message and data rates may apply. We may confirm your opt out by text message. If you subscribe to multiple types of text messages from Us, We may unsubscribe you from the service that most recently sent you a message or respond to your STOP message by texting you a request to identify services you wish to stop. Please note, that by withdrawing your consent, some App and/or Platform features and certain Services may no longer be available to you. Keep in mind that if you stop receiving text messages from Us you may not receive important and helpful information and reminders about your Services.

ACCESS AND USE OF THE SERVICES

Subject to the terms and conditions of this Agreement (including the Privacy Policy and Acceptable Use Policy) and payment of all applicable fees, and during the term of this Agreement, Ciba grants You a non-exclusive and non-transferable right to access and use the Services in accordance with the terms of this Agreement, and any Documentation made available to You by Ciba solely for purposes of Your personal use of the Services. The Services are limited to Authorized Users in the United States. The Services are enabled by technology, software and certain Content delivered electronically. Any use of the Service in breach of this Agreement, or that in our judgment threatens the security, integrity or availability of the Service, may result in immediate suspension of the Service, however We will use commercially reasonable efforts under the circumstances to provide You with notice and an opportunity to remedy such violation or threat prior to such suspension. Other than as expressly set forth in this Agreement, no license or other rights in or to the Services are granted to You, and all such licenses and rights are hereby expressly reserved. Neither the Services, nor any part of the Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Ciba. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Ciba without express written consent. You may not use any meta tags or any other “hidden text” utilizing Ciba’s name or trademarks without the express written consent of Ciba. You may not misuse the Services. You may use the Services only as permitted by law. The Content of the Services, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through the Services may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorized or approved in writing by Ciba. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content, or other proprietary information (including, without limitation, images, text, page layout, or form) of Ciba without our express written consent.

Ciba has designed the Services to assist people to achieve their health goals through healthy lifestyle choices and behavior. We encourage You to consult with Your healthcare provider before commencing the Services. To the extent applicable, You represent that You are in good enough health to begin these Services, which may include changes to Your diet or level of physical activity, among other things. The Services require Your active engagement and participation. You understand that, despite Your efforts, individual users’ results will vary for a variety of reasons and Ciba cannot guarantee that You will achieve Your health goals.

Ciba shall have no liability for any claims, losses, or damage caused by use of or errors or omissions in any information provided to Ciba by an Authorized User in connection with the Services or any actions taken by Ciba at an Authorized User’s direction. Ciba shall have no liability for any claims, losses or damages arising out of or in connection with an Authorized User’s use of any Third-Party Technology that is accessed via links from within the Services. Any medication adjustment recommendations made by the Services are based solely on data from the compatible biosensors, medical and scientific literature, and established treatment guidelines. All medication adjustments are at the sole discretion of the treating physician, based on the physician’s independent medical judgment and expertise. Medication adjustments must be made in consideration of the patient’s symptoms, medical history, and concomitant medications.

User Information. If You submit, upload, post, or transmit any of Your Data, including health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images, or other materials to Us or our Services, You agree Your Data shall comply with our Acceptable Use Policy.

TERM AND TERMINATION

The term of this Agreement will begin upon Your successful registration for the Services and will continue indefinitely unless terminated by either party as permitted herein.

You acknowledge and agree that Ciba may suspend or terminate Your access to the Services in accordance with applicable law if You (a) breach any term of this Agreement, or (b) engage in any conduct that Ciba determines in its discretion may have an adverse effect on Ciba or its reputation. Ciba may also terminate Your access to the Services at any time for its convenience in accordance with applicable law.

Upon termination, You will no longer have access to the Services, Devices, App and/or Platform or other Content provided through the Services. In addition to termination, Ciba Health reserves the right to pursue any and all remedies available to it in the event of such a breach or conduct. Upon any termination, You will have the opportunity for a period of 90 days to retrieve any of Your Data (and our obligations are only to use commercially reasonable efforts to retrieve such data, subject to any standard fees We may charge for our time in retrieving Your specific data). To retrieve Your Data please send an email to [email protected] We will store any PHI or PII as required by applicable law.

Intellectual Property Ownership. Except for the limited license and use rights expressly granted to You under this Terms of Use during the Term, all title to and the rights in the Services, including any and all technology, software and content, including ownership rights to patents (registrations, renewals, and pending applications), copyrights, trademarks, trade secrets, Ciba’s or third party hardware, other technology, any derivatives of and all goodwill associated with the foregoing is the exclusive property of Ciba and/or third parties. You grant Us a worldwide, perpetual, irrevocable, royalty-free license to use, modify and incorporate into the Services any suggestion, enhancement request, recommendation, correction or other feedback provided by You relating to the operation of the Services.

OTHER DISCLAIMERS

The information provided on the Website does not constitute ready-to-use health or treatment advice, should not be construed as advocating the purchase or sale of any product or service of any other company, and is not an offer for the purchase or sale of any generic health service or treatment product. You should always seek the assistance of a healthcare professional for health and treatment advice.

LIMITATION OF LIABILITY

IN NO EVENT SHALL CIBA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE WEBSITE OR SITE CONTENT, WHETHER OR NOT CIBA HAS BEEN ADVISED OF THE POSSIBILITY. CIBA’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF USE, THIS WEBSITE, OR THE SITE CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED FIFTY DOLLARS ($50). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

AMENDMENT

Ciba may, at any time, revise these Terms of Use by updating this posting. By using this Website, you agree to be bound by any such revisions and, therefore, you should periodically visit this page of this Website to examine the then-current Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of this Website.

GENERAL PROVISIONS

If any provision of these Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms of Use and any action related thereto will be governed, controlled, interpreted, and defined by and under the laws of the State of New York, without giving effect to any conflicts of laws principles that require the application of the law of a different state. By using this Website, you hereby expressly consent to the personal jurisdiction and venue in the state and federal courts for the county in which Ciba’s principal place of business is located for any lawsuit filed there against you by Ciba arising from or related to these Terms of Use.

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