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This powerful healthcare tool lets you and your physician work more closely together to manage your care, so you can live your best life. The HealthCheck app from Acelis Connected Health makes it easy to send your test results and other information directly to your healthcare providers, so your clinician or physician can easily review it.
Privacy Policy
YOUR USE OF THE SERVICES IS ALSO SUBJECT TO THE PRIVACY POLICY AVAILABLE AT https://www.abbott.com/privacy-policy.html (“Privacy Policy”), WHICH EXPLAINS OUR PRACTICES WITH RESPECT TO THE INFORMATION THAT YOU PROVIDE THROUGH YOUR USE OF THE SERVICES.
Consumer Health Data Privacy Policies
YOUR USE OF THE SERVICES IS ALSO SUBJECT TO THE CONSUMER HEALTH DATA PRIVACY POLICIES AVAILABLE AT https://www.abbott.com/privacy-policy/consumer-health-data.html (“Consumer Health Data Privacy Policies”).
ACELIS HEALTHCHECK – PATIENT TERMS OF USE
Effective Date: February 27, 2025
IMPORTANT – Please read the following together with the documents referred to on it carefully before proceeding. This is a legal document between you and us (as both terms are defined below). THESE TOU (“TOU”) ARE A LEGAL AGREEMENT BETWEEN YOU AND STANDING STONE LLC, D/B/A ACELIS CONNECTED HEALTH TECHNOLOGIES AND OUR AFFILIATES (COLLECTIVELY, “ACELIS”, “we”, “us”, OR “our”) FOR THE WEBSITES, APPLICATIONS, TELEPHONE SYSTEMS THAT CONSTITUTE ACELIS HEALTHCHECK AND ANY UPDATES, MODIFICATIONS, IMPROVEMENTS, OR ENHANCEMENTS THERETO PROVIDED BY ACELIS (COLLECTIVELY, THE “SERVICES”). Your use of the Services constitutes, and is conditioned upon, your agreement to be bound by these TOU. By clicking “accept”, you explicitly consent and agree that these TOU will apply to your use of these Services. IF YOU DO NOT AGREE TO THESE TOU, THEN DO NOT ACCESS OR USE THE SERVICES.
By accepting these TOU and using the Services, you affirm that you are agreeing either on your own behalf, or on behalf of another person for whom you have actual authority to legally bind that person to these TOU.
Any words following the terms “including,” “include,” “in particular,” “for example” or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words. Headings in these TOU are for your convenience only, and do not limit, define, or fully explain each section.
YOUR USE OF THE SERVICES IS ALSO SUBJECT TO THE PRIVACY POLICY AVAILABLE AT https://www.abbott.com/privacy-policy.html (“Privacy Policy”), WHICH EXPLAINS OUR PRACTICES WITH RESPECT TO THE INFORMATION THAT YOU PROVIDE THROUGH YOUR USE OF THE SERVICES.
These TOU provide that all disputes between you and Acelis with respect to your use of the Services will be resolved by BINDING ARBITRATION, to the fullest extent permitted under applicable law. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court, to the fullest extent permitted under applicable law. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action, to the fullest extent permitted under applicable law. Please review Section 24(b) for the details regarding your agreement to arbitrate any disputes with Acelis.
1. Information about Us: The HealthCheck websites are operated by Standing Stone, LLC dba Acelis Connected Health Technologies.
2. Key Terms: The following terms have the following meaning in these TOU:
Administrator. The Acelis HealthCheck system administrator to whom a healthcare clinic provides an administrator ID for creating, administering and maintaining clinic IDs.
Affiliate. A corporation or any other entity that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, such party. As used herein, the term “control” means possession of direct or indirect power to order or cause the direction of the management and policies of a corporation or other entity whether (i) through the ownership of more than fifty percent (50%) of the voting securities of the other entity, or (ii) by contract, statute, regulation or otherwise.
Data. Your data or information uploaded to the Services, Third-Party Service Data, or submitted by you through the Platform.
Platform. Software-based platform made available by Acelis at www.achhealthcheck.com, or other such URL, or mobile app as we may provide.
Services. The Platform and other services we provide to you pursuant to these TOU associated with the Acelis HealthCheck network.
Third-Party Service Data. “Third-Party Service Data” includes data you or a patient has submitted or recorded into a third-party service (e.g., Apple HealthKit, Google Fit), including but not limited to our Affiliate’s services or software, and that you have chosen to transmit to the Services on your behalf or on behalf of a patient. Third Party Service Data may be transmitted on an ongoing basis or such other frequency determined by you and may be included in a patient record based on your elections or the parties’ agreement.
TOU. These Terms of Use, together with the documents referred to herein, including any updates posted at www.achhealthcheck.com or other such URL as we may provide.
User(s). Any user of the Platform with user credentials to access and use the Services.
We, us, and our. Standing Stone LLC, d/b/a Acelis Connected Health Technologies, and our Affiliates to the extent that each helps to perform Services under this Agreement.
You, your, yours. You who is subscribing to, accessing and using the Services.
3. General: By using the Services, you represent, acknowledge, and agree that: (a) you are at least 18 years of age and located in the United States; If you are a parent/guardian of a child, you must create a HealthCheck account for use by your child and you understand and agree that you are responsible for your child’s use of the Services and that any violation of these TOU by your child, will be your responsibility and may result in the termination or suspension of your HealthCheck account; (b) you have not previously been suspended or removed from the Services; and (c) your use of the Services is in compliance with all applicable laws and regulations.
4. Description of the Services: The HealthCheck Services are designed to help you manage your care, connect with your healthcare provider, and record and monitor your results more conveniently. The Services are dependent upon access to the internet, telecommunication systems, third-party service providers, platforms, and software, that may not be provided by us. We are not responsible or liable for any third party’s performance, delayed performance, errors, damage or loss of Data or non-performance. The Services allow you to remotely enter or upload certain information about your care and, where offered and approved, may allow you to remotely share access of your Data with your healthcare provider.
The Services may be limited from time to time, and we cannot guarantee that the Services will be available at all times. To function properly, the Services require many kinds of mechanical, electrical, computational, transmission, communication and human factors, each of which are subject to limitations, errors, and untimely failures from time to time. Many of those factors are outside the control of either party.
5. Medical Disclaimer: THE SERVICES ARE NOT INTENDED FOR DIAGNOSIS, 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 SERVICES. IF YOU BELIEVE YOU HAVE AN EMERGENCY, CALL 9-1-1 IMMEDIATELY!
YOU SHOULD SEEK EMERGENCY HELP OR FOLLOW UP CARE WHEN RECOMMENDED BY YOUR PROVIDER OR WHEN OTHERWISE NEEDED. ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER CONCERNING QUESTIONS YOU HAVE REGARDING A MEDICAL CONDITION AND BEFORE STOPPING, STARTING, OR MODIFYING ANY TREATMENT OR MODIFICATION. YOU SHOULD NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION CONTAINED IN THE SERVICE.
WHILE ACELIS USES INFORMATION THAT IT RECEIVES VIA THE SERVICES TO IMPROVE TREATMENT GUIDANCE, ACELIS IS NOT A PROVIDER OF MEDICAL CARE, AND ACELIS IS NOT RESPONSIBLE FOR NOTIFYING YOUR DOCTOR OR OTHER HEALTHCARE PROFESSIONAL(S) OF ANY CHANGES IN YOUR TEST RESULTS.
THE SERVICES MAY CONTAIN GENERAL INFORMATION OR CONTENT RELATED TO MEDICAL CONDITIONS, TREATMENT, AND OTHER HEALTH CARE TOPICS. ANY SUCH INFORMATION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT AND SHOULD NOT BE INTERPRETED AS MEDICAL ADVICE OR AS A SUBSTITUTE FOR CONSULTATION WITH A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL. YOU SHOULD ALWAYS CONSULT WITH A DOCTOR OR OTHER HEALTH CARE PROFESSIONAL FOR MEDICAL ADVICE OR INFORMATION ABOUT DIAGNOSIS AND TREATMENT. THE RECEIPT OF ANY USER CONTENT (AS DEFINED BELOW) DOES NOT CREATE A PROFESSIONAL RELATIONSHIP AND DOES NOT CREATE ANY PRIVACY INTERESTS OTHER THAN THOSE THAT MAY BE DESCRIBED IN OUR PRIVACY POLICY HTTPS://WWW.ABBOTT.COM/PRIVACY-POLICY.HTML. ADDITIONALLY, ANY MEDICAL ADVICE OR CONSULTATION THROUGH THE SERVICES PROVIDED TO YOU BY A SUBSCRIBER IS BETWEEN YOU AND SUCH OTHER PERSON, AND ACELIS DISCLAIMS ANY RESPONSIBILITY FOR SUCH COMMUNICATIONS.
You, your doctor and other qualified healthcare professional(s) are solely responsible for communicating your test results, providing feedback, and discussing and recommending testing and treatment options. ACELIS does not recommend or endorse any specific tests, products, procedures, or opinions. YOUR DECISION TO TAKE ACTION BASED ON ANY INFORMATION TRANSMITTED TO OR STORED ON THE SERVICE OR ON ANY INFORMATION RECEIVED FROM ACELIS EMPLOYEES, AGENTS OR SUPPLIERS IS SOLELY AT YOUR OWN RISK.
6. Account and profile: The Services are your gateway in which your any information you input or is input about you, including health-related information, will be stored and analyzed by you and your healthcare provider, and used as otherwise stated in these TOU. Do not reveal your account information to anyone else. You must provide and maintain accurate, current, and complete user profile information as prompted by the account profile form. You are responsible for the confidentiality and security of your device, account, and access to the Services by your account, including your username and password. You agree not to permit any other person to use your username or password to gain access to the Services, and you agree that you are responsible for any and all activities conducted using your username and password. If you believe that the confidentiality of your password has been compromised, you must immediately notify Acelis and if possible, you should immediately change your password. Acelis is not responsible for any lost, stolen or compromised passwords or for any activity on your account from unauthorized users or for any losses arising out of or in connection with the unauthorized use of your account where caused by you. We have the right to disable any User ID at any time, if in our opinion, you have failed to comply with any of the provisions of these TOU. You may only use our Platform as set out in these TOU. Any illegal or unauthorized use of our Platform shall constitute a violation of these TOU. You do not have permission to access our Platform in any way that violates these TOU or breaches any applicable law.
7. Reservation of rights and ownership: Acelis, our affiliates, our suppliers, and/or our licensors own all rights, titles and interests in and to the Services, including logos, graphics, user interface, videos, images, software, design, scripts, database structures, trademarks, copyrights and other materials included in or utilized by the Services or provided to you, and any updates thereto (“Materials”) and all intellectual property rights therein. The definition of Materials does not include any data you submit to the Services. The Materials are protected by applicable intellectual property, and other laws, including laws governing patents, copyrights, trade secrets, trademarks, and unfair competition. You agree that you will not use such Materials in any way whatsoever except for use of the Services in compliance with these TOU. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted in these TOU or where permitted by applicable law. You shall not remove any product identification, copyright notices, or proprietary restrictions from the Services. You expressly acknowledge and agree that Services access is licensed and not sold to you, and that Acelis, our licensors, affiliates and suppliers, grant you a non-exclusive license to use the Services on the basis of these TOU, and that your use of the Services is also subject to any rules or policies applied by Acelis’ affiliates and third-party providers. You therefore agree that Acelis and/or our licensors do not transfer to any user any ownership or proprietary rights in the Services, the Materials, any intellectual property rights, or any other technology, information or materials, and as between the parties, Acelis, our affiliates, our suppliers, and our licensors, retain exclusive ownership of all rights, titles, and interest in and to all aspects of the Services, the Materials, any intellectual property rights, and all other technology, information, and materials, as well as any and all copies or modifications thereof (by whomever and whenever made).
RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY ACELIS AND/OR ITS LICENSORS. Except for the limited rights and licenses expressly granted under these TOU, nothing in these TOU grants, by implication, waiver, estoppel, or otherwise, to you or any third party any intellectual property rights or other right, title, or interest in or to the Materials. You may not and shall not permit any other person to copy, distribute, display, modify, or otherwise use any of the Materials except as expressly permitted by these TOU.
8. Feedback: Any data, comments or materials that you supply via the Services or provide to Acelis in order to receive support, including feedback data, such as questions, comments, suggestions, or the like (“Feedback”), shall be deemed to be non-confidential and non-proprietary. Acelis shall have no obligation of any kind with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transfer, create derivative works, and distribute the Feedback to others without limitation, except for health information and personal information which might be included in the Feedback but is subject to this Section 88. Furthermore, Acelis shall be free to use any idea, concepts, know-how, or techniques contained in such Feedback for any purpose whatsoever, including developing, manufacturing, and marketing products incorporating such Feedback.
9. Trademarks: HealthCheck and related brand marks are trademarks of Standing Stone LLC, d/b/a Acelis Connected Health Technologies in various jurisdictions. Other trademarks are the property of their respective owners. No license or right, express or implied, is granted to you in any of the aforesaid trademarks, and you further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Services. No use of any Acelis trademark, trade name, or trade dress may be made without the prior written authorization of Acelis, except to identify the product or services of the company.
10. Right to use the Services: Subject to these TOU, and your compliance with these TOU, Acelis hereby grants you, a limited, personal, non-exclusive, and non-transferable license to use and to display the Materials and to use the Services solely for your personal use. Except for the foregoing license, you have no other rights in the Services or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any of the Services or Materials in any manner. If you, or any other person under your responsibility, breach any of the provisions in these TOU, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
11. Your Responsibilities: You agree to provide accurate and complete information when you use the Services, and you agree to keep your account information accurate, current and complete. Use of the Services and its full functionality may require you to use qualifying devices and software. It is your responsibility to ensure that you have such devices and software and your failure to do so may affect the performance or availability of the Services. You are responsible for obtaining and maintaining any Internet connections, computing equipment, and supplies necessary for you to receive, access, and use the Services. You agree to only use the Services as expressly permitted herein.
12. Prohibited uses of the Services: You may NOT:
a. upload, download, email, transmit, store, or otherwise make available any data or use or access the Services in a manner that is harmful, tortious, or invasive of another’s privacy, or otherwise objectionable;
b. use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these TOU, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Services or any operating system;
c. pretend to be anyone that you are not or misrepresent who you are, your age, or otherwise misrepresent your affiliation with any person (including a child). Acelis reserves the right to reject or block any access to the Services by someone who could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person’s name or identity, or that has been used to hijack another user’s data;
d. infringe our intellectual property rights or those of any third party in relation to your use of the Services (to the extent that such use is not licensed by these TOU);
e. upload, post, email, transmit, store, or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Services (or any part thereof), or any other computer software or hardware;
f. interfere with or disrupt the Services (including accessing the Services through any automated means, such as scripts or web crawlers), or any servers or networks connected to Services, or any policies, requirements or regulations of networks connected to the Services (including any unauthorized access to, use or monitoring of data or traffic thereon);
g. reverse engineer, copy, decompile, disassemble, decode, gain access to the source code, or otherwise attempt to discover the source code or algorithms of the Services, except and then solely to the extent permitted under applicable law;
h. modify or disable any features of the Services;
i. use the Services in a way that could damage, disable, overburden, impair, or compromise our systems or security or interfere with or harm others;
j. create derivative works based on the Services;
k. publicly display, publicly perform, transfer, sell, license, distribute, create derivative works of, rent, lease, lend, sublicense, or provide commercial hosting services with the Services;
l. collect or harvest (e.g., scrape) any information or data manually or technologically from the Services or our systems or attempt to decipher any transmissions to or from the servers running the Services;
m. use or access the Services from a jurisdiction where such use or access is not authorized; and/or
n. gather, store, or upload personal information, including health information, on any other users of the Services.
13. Update, change, or suspension of the Services: Acelis may, at any time, provide or make available updates or upgrades to the Services (“Updates”), including without limitation bug fixes, Services enhancements, new features, deletion of existing functions, or modification of the Services. Updates will be governed by these TOU unless separate terms and conditions are provided with such Updates, in which case that separate terms and conditions shall govern the Updates. Acelis expressly reserves the right to change, suspend, remove, limit the use of, and/or disable the access to the Services or any portion thereof at any time without notice or liability.
14. Right to monitor: Acelis reserves the right to gather data on the Services usage to ensure that the Services is being used in accordance with the TOU. Any unauthorized use shall be considered by Acelis to be a violation of these TOU. Acelis reserves the right to remedy violations immediately upon discovery. You agree not to block, electronically or otherwise, the transmission of data required for compliance with the TOU. Any blocking of data required for compliance under these TOU is considered to be violation of these TOU and may result in immediate termination of your right to use the Services. Acelis reserves the right, but has no obligation, to monitor or become involved in disputes between you and other Users.
15. Availability and accuracy of information: The Services, or any feature or part thereof, may not be available in all languages or in all countries and Acelis makes no representation that the Services, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent that you choose to access and use the Services, you do so at your own initiative and are responsible for compliance with any applicable laws. Acelis makes no representations or warranties regarding the accuracy, completeness, reliability, or timeliness of any data provided by you or third parties, or of any content generated by the data stored by you in the Services. In particular, Acelis makes no representations or warranties that any information based on such data will be in compliance with government regulations requiring disclosure of information.
16. Disclaimer of Warranty: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT TO THE EXTENT PERMITTED BY LAW, THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES IS PROVIDED “AS IS,” “WHERE IS,” AND “AS AVAILABLE” WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ACELIS AND OUR AFFILIATES, THIRD PARTY PROVIDERS, AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OR GUARANTEES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING THE SERVICES OR CONTENT OR DATA AVAILABLE THROUGH THE SERVICES, AND SPECIFICALLY DISCLAIMS AND YOU EXPRESSLY WAIVE ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE; AND (c) ANY WARRANTY AS TO WHETHER THE DATA OR OTHER INFORMATION AVAILABLE THROUGH OR TRANSMITTED BY THE SERVICES IS TRUE, COMPLETE OR ACCURATE.
WITHOUT LIMITING THE PREVIOUS DISCLAIMER, ACELIS AND OUR LICENSORS DO NOT REPRESENT, WARRANT OR GUARANTEE THAT THE SERVICES, MATERIALS, OR THE CONTENT THEREIN (i) WILL OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE MANNER, (ii) WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS, VIRUSES, OR ERRORS, (iii) WILL BE SECURE OR IMMUNE (INCLUDING THE CONTENT DELIVERED TO YOU OR THE INFORMATION YOU PROVIDED) FROM UNAUTHORIZED ACCESS, (iv) WILL BE ACCURATE, COMPLETE, OR RELIABLE, OR (v) THAT THE QUALITY OF THE SERVICES WILL BE SATISFACTORY TO YOU OR WILL MEET YOUR REQUIREMENTS, OR THAT ERRORS WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ACELIS OR ANY MATERIALS OR INFORMATION AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ACELIS OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TOU. YOU ASSUME ALL RISK FOR ANY HARM OR DAMAGE THAT MAY RESULT TO YOU FROM YOUR USE OF OR ACCESS TO THE SERVICES AND ANY MATERIALS OR INFORMATION AVAILABLE THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICES AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICES USED IN CONNECTION WITH THE SERVICES), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OR USE OF THAT MATERIAL OR INFORMATION. IN NO EVENT WILL ACELIS BE LIABLE TO YOU FOR ANY LOSSES FROM MISTAKES, OMISSION, OR DELAYS IN TRANSMISSION OF INFORMATION, OR FROM INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SERVICE.
NOTHING IN THESE TOU IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT, OR LIABILITY IN A MANNER THAT IS NOT PERMISSIBLE UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF IMPLIED TERMS. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND THE LIABILITY OF ACELIS AND THEIR LICENSORS AND SERVICE PROVIDERS WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
17. Limitation of liability: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ACELIS, OUR PARENT, OUR AFFILIATES, OUR THIRD PARTY PROVIDERS, OR OUR OR THEIR RESPECTIVE LICENSORS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, OR ANY PARTY ACTING ON ACELIS’ BEHALF BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, LOST PROFITS, DAMAGES FOR LOSS OF DATA OR OTHER INFORMATION, OR DAMAGES FOR BUSINESS INTERRUPTION ARISING UNDER THESE TOU OR ASSOCIATED WITH YOUR USE OF THE SERVICE OR WITH RESPECT TO ANY MATERIALS EVEN IF ACELIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, NEGLIGENCE, PERSONAL INJURY, PRODUCT LIABILITY, STRICT LIABILITY, FAILURE TO WARN, INFRINGEMENT, FOR LOSS OR PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SERVICE, THIRD PARTY SOFTWARE, AND/OR THIRD PARTY HARDWARE USED OR THAT MAY BE USED WITH THE SERVICE, FOR LOSS FROM ANY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE TO YOUR DOWNLOADING ANY MOBILE APP LINKED TO THE SERVICE, OR ANY OTHER THEORY REGARDLESS OF WHETHER OR NOT ACELIS, ITS AFFILIATES, OR ANY THIRD PARTY PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS MEANS THAT YOU HEREBY WAIVE ANY AND ALL RIGHTS TO ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, AND LOST PROFITS. DAMAGES FOR LOSS OF DATA OR OTHER INFORMATION, OR DAMAGES FOR BUSINESS INTERRUPTION FROM ACELIS AND OUR LICENSORS. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT ACELIS WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. ACELIS SHALL NOT BE LIABLE FOR ANY LOSS OF DATA, BREACH OF SECURITY ASSOCIATED WITH THE SERVICES, OR COMMUNICATIONS ON THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SAME, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE SERVICES, TERMINATION OF YOUR USE OF THE SERVICES IS YOUR SOLE REMEDY. ACELIS HAS NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU. IF, NOTWITHSTANDING THE FOREGOING LIMITATIONS, A COURT OR DISPUTE RESOLUTION AUTHORITY WITH JURISDICTION OVER ACELIS FINDS THAT ACELIS MUST PAY DAMAGES, ACELIS’ MAXIMUM AGGREGATE LIABILITY OF ANY KIND ARISING UNDER OR RELATING TO THESE TOU, THE SERVICES, OR MATERIALS SHALL BE TEN DOLLARS ($10.00).
THE FOREGOING LIMITATIONS SHALL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHER TORT, OR ANY OTHER LEGAL THEORY; MOREOVER, THESE LIMITATIONS WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
ONLY YOU CAN IMPLEMENT BACK-UP PLANS AND SAFEGUARDS NECESSARY TO APPROPRIATELY ADDRESS YOUR NEEDS IN THE EVENT THAT AN ERROR IN THE SERVICES CAUSES COMPUTER, MOBILE PHONE, OR TELEPHONE PROBLEMS AND RELATED DATA LOSSES. FOR THESE BUSINESS REASONS YOU UNDERSTAND AND AGREE TO THE LIMITATIONS OF LIABILITY IN THIS SECTION AND ACKNOWLEDGE THAT WITHOUT YOUR AGREEMENT TO THIS PROVISION, ANY APPLICABLE FEE CHARGED WOULD BE HIGHER.
Some states /jurisdictions prohibit or limit the exclusion or limitation of liability or incidental or consequential damages, so the above limitations or exclusions may not apply to you in its entirety and any such liability will be to the maximum extent required to be provided by such applicable law.
You acknowledge and agree that to the fullest extent permitted by applicable law, neither Acelis nor our affiliates or business partners are responsible for your decision to share and/or disclose your personal information, including health-related information, and you hereby release Acelis and our business partners from any liability that may arise from such third parties’ collection or other processing of your personal information.
18. Indemnity: TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU WILL DEFEND, INDEMNIFY, AND HOLD HARMLESS ACELIS, OUR PARENT, OUR AFFILIATES, AND OUR AND THEIR RESPECTIVE LICENSORS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUCCESSORS, ASSIGNS, AND REPRESENTATIVES AND ANY PARTY ACTING ON ACELIS’ BEHALF (“Acelis Indemnitees”), FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LIABILITIES, LOSSES, DAMAGES, JUDGMENTS, FINES, COSTS AND EXPENSES, INCLUDING EXPERTS’ FEES AND REASONABLE ATTORNEYS’ FEES (COLLECTIVELY, “Claims”) ARISING OUT OF OR RELATED TO (a) ANY USE OF THE SERVICES BY YOU OR BY ANY PERSON THAT YOU ALLOW TO USE THE SERVICES, (b) ANY BREACH OF THE TOU BY YOU OR BY ANY PERSON THAT YOU ALLOW TO USE THE SERVICES, OR (c) ANY VIOLATION OF ANY LAWS, REGULATIONS OR THE RIGHTS OF ANY THIRD PARTY BY YOU OR BY ANY PERSON THAT YOU ALLOW TO USE THE SERVICES.
ACELIS SHALL PROVIDE YOU WITH WRITTEN NOTICE OF CLAIMS AGAINST ANY OF THE ACELIS INDEMNITEES WITHIN A REASONABLE PERIOD OF TIME (PROVIDED, HOWEVER, THAT A DELAY IN NOTIFICATION SHALL EXCUSE YOUR DEFENSE AND INDEMNIFICATION OBLIGATIONS ONLY TO THE EXTENT SUCH DELAY MATERIALLY PREJUDICES THE DEFENSE OF SUCH CLAIMS). NOTWITHSTANDING YOUR OBLIGATION TO DEFEND ACELIS INDEMNITEES AGAINST CLAIMS AS SET FORTH IN THIS THESE TOU, ACELIS SHALL HAVE THE RIGHT TO EXCLUSIVE CONTROL OF THE DEFENSE AND SETTLEMENT OF THE CLAIMS AND/OR TO SELECT COUNSEL TO DEFEND AGAINST AND NEGOTIATE RESOLUTION OF SUCH CLAIMS. YOU SHALL GIVE ACELIS ALL REASONABLE ASSISTANCE, AT YOUR EXPENSE. YOU MAY NOT SETTLE ANY CLAIM AGAINST THE ACELIS INDEMNITEES UNLESS THE SETTLEMENT UNCONDITIONALLY AND FULLY RELEASES ACELIS INDEMNITEES OF ALL LIABILITY AND FAULT AND THE ACELIS INDEMNITEES HAVE PROVIDED WRITTEN CONSENT TO SUCH SETTLEMENT.
19. Data transmissions and costs: The Services requires your device to have access to the Internet and may be subject to restrictions imposed by your network or internet provider. The Services may require access through your mobile network, which may result in additional charges depending on your payment plan. In addition, your enjoyment of some features of the Services may be affected by the suitability and performance of your device hardware or data access. You are solely responsible for any charges incurred from your internet and network providers related to the use of the Services.
20. Notice of defects or security incident: You shall promptly report to Acelis any significant defects or problems with the Services observed by you. In addition, you shall immediately report to Acelis any actual or suspected security incident involving the Services and/or personal information (including loss or compromise of the Services account credentials) that you become aware of, and you will fully cooperate with Acelis, law enforcement and/or any other applicable regulatory body in addressing the incident. Without limiting Acelis’ other rights and remedies, if there is a violation of any of the security-related requirements under these TOU by you, that violation shall be a breach of these TOU, and Acelis shall have the immediate right in our sole discretion to suspend or terminate your access to the Services.
21. Notifications and automatic alerts: Under some circumstances, the Services may present you with notifications, prompts with links to additional information, or suggested actions based on information collected by the Services. Acelis makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of any notifications. You accept that any reliance on these notifications will be at your own risk, and Acelis disclaims all liability arising from your use of them or reliance upon them.
22. Compliance with law: You acknowledge and agree to comply with any and all applicable laws and regulations in using the Services including, without limitation, all applicable export restriction laws and regulations.
23. Term; Termination: The Services have no predetermined termination date and may continue until such time as Acelis decides to terminate the Services, or you are no longer authorized to receive the services from Acelis when these TOU are terminated consistent with the terms herein. You may terminate your use of the Services at any time by not using the Services.
Acelis may immediately suspend or terminate these TOU and/or your access to and use of the Services or any portion thereof, at any time and for any or no reason. In addition, if you fail, or Acelis reasonably suspects that you have failed to comply with any of the provisions of the TOU, without limiting Acelis’ other rights and remedies, all of which are expressly reserved, at our sole discretion and without notice to you, Acelis may immediately discontinue your access to the Services and terminate the TOU, and you will remain liable for all amounts due (if any) up to and including the date of termination, and all rights granted to you by these TOU will terminate, and you lose status as an authorized user.
If Acelis suspends or terminates your use of the Services for any of the reasons listed above, you will remain liable for all amounts due (if any) up to and including the date of termination, and all rights granted to you by these TOU will terminate, and you lose status as an authorized user.
Upon termination, you shall no longer have any right to use the Services under these TOU, and you must immediately (a) cease use of the Services, (b) delete any connection to the Services on any system used by you, and (c) delete all Material in your possession or control.
24. General terms:
a. Choice of law: These TOU, including all revisions and amendments thereto, are governed by and construed in accordance with the laws of Illinois, without regard to its conflict or choice of law principles.
b. Arbitration: If a dispute arises between you and Acelis regarding these TOU, you and Acelis will attempt to resolve such dispute in good faith by direct negotiation by representatives of each party. If such negotiation does not resolve the matter within 28 days after notice of the dispute is given, the matter will be resolved by the following alternative dispute resolution (“ADR”) procedure.
To begin an ADR proceeding, a party shall provide written notice to the other party of the issues to be resolved by ADR. Within 14 days after its receipt of notice of ADR, the other party may, by written notice, add additional issues to be resolved. Within 21 days following receipt of the original ADR notice, the parties shall select a mutually acceptable independent, impartial, and conflicts-free neutral to preside over the proceeding. If the parties are unable to agree on a mutually acceptable neutral within such period, each party will select one independent, impartial, and conflicts-free neutral and those two neutrals will select a third independent, impartial and conflicts-free neutral within 10 days thereafter. None of the neutrals selected may be current or former employees, officers or directors of either party or its affiliates. The parties shall convene in a location mutually agreed upon to conduct a hearing before the neutral no later than 56 days after selection of the neutral (unless otherwise agreed upon by the parties).
The ADR process shall include a pre-hearing exchange of exhibits and summary of witness testimony upon which each party is relying, proposed rulings and remedies on each issue, and a brief in support of each party’s proposed rulings and remedies not to exceed 20 pages. The pre-hearing exchange must be completed no later than 10 days prior to the hearing date. Any disputes relating to the pre-hearing exchange shall be resolved by the neutral. No discovery shall be permitted by any means, including depositions, interrogatories, requests for admissions, or production of documents.
The hearing shall be conducted on 2 consecutive days, with each party entitled to 5 hours of hearing time to present its case, including cross-examination. The neutral shall adopt in its entirety the proposed ruling and remedy of one of the parties on each disputed issue but may adopt one party’s proposed rulings and remedies on some issues and the other party’s proposed rulings and remedies on other issues. The neutral shall rule within 14 days of the hearing, shall not issue any written opinion, and shall not refer any portion of the dispute to mediation without the parties prior, written consent. The rulings of the neutral shall be binding, and non-appealable and may be entered as a final judgment in any court having jurisdiction. The neutral(s) shall be paid a reasonable fee plus expenses. These fees and expenses, along with the reasonable legal fees and expenses of the prevailing party (including all expert witness fees and expenses), the fees and expenses of a court reporter, and any expenses for a hearing room, shall be paid as follows:
i. If the neutral(s) rule(s) in favor of one party on all disputed issues in the ADR, the losing party shall pay 100% of such fees and expenses.
ii. If the neutral(s) rule(s) in favor of one party on some issues and the other party on other issues, the neutral(s) shall issue with the rulings a written determination as to how such fees and expenses shall be allocated between the parties. The neutral(s) shall allocate fees and expenses in a way that bears a reasonable relationship to the outcome of the ADR, with the party prevailing on more issues, or on issues of greater value or gravity, recovering a relatively larger share of its legal fees and expenses.
To the extent not contradicted by the parties’ contractual agreement regarding ADR rules and procedures contained herein.
c. No Agency: The parties do not intend by entering into these TOU to create a partnership, joint venture, agency, or any other such relationship. Nothing in these TOU shall be construed to expressly or impliedly create such a partnership, joint venture, agency, or other relationship and nothing in these TOU authorizes you to make any contract, agreement, warranty, or representation on behalf of Acelis. Each of the parties warrants and represents that it has not and will not hold itself out as a representative, agent, servant, or employee of the other party for any purpose. Each party assumes sole responsibility for fully complying with laws applicable to its own personnel, none of whom shall be deemed employees or agents of the other party.
d. No Third Party Beneficiaries: These TOU are for the sole benefit of the parties and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer on any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these TOU.
e. Claims: To the fullest extent permitted under applicable law, no action arising out of, in connection with, or relating to these TOU shall be brought by you more than one (1) year after the accrual of the cause of action. This period shall not be extended for any reason, except by the written consent of both parties. All statutes or provisions of law which would toll or otherwise affect the running of the period of limitation are hereby waived, and no such statute or provision of law shall operate to extend the period limited in this paragraph, to the fullest extent permitted under applicable law.
f. Entire Agreement and Updates: These TOU are the complete and exclusive statement of these TOU with respect to the subject matter hereof and supersede all other communications or representations or agreements (whether oral, written, or otherwise) relating thereto. Acelis reserves the right, at our discretion, at any time to modify these TOU and to impose new or additional terms or conditions on your use of the Services by notifying you electronically. Please check these TOU periodically for changes. If a change to these TOU materially modifies your rights or obligations, we will take steps to provide notice of the modified TOU. Material modifications will be effective upon your acceptance of such modified TOU or upon your continued use of the Services after we send or post our notification of the changes, whichever is earlier. Other modifications are effective upon publication. Disputes arising under these TOU will be resolved in accordance with the version of these TOU that was in effect at the time the dispute arose. In the event that you refuse to accept the modified TOU, do not proceed to use the Services.
g. Severability: If any term or provision of these TOU is held to be void or unenforceable by any judicial or administrative authority, such determination shall not affect the validity of enforceability of the remaining terms and provisions of these TOU. The remaining provisions of these TOU shall remain in effect and shall be construed in accordance with its terms.
h. Survival: Sections 5, and 7-25 of these TOU, and any other provision that by its nature should continue to be in effect, shall survive the expiration or earlier termination of these TOU, and shall remain valid and binding.
i. Headings. The headings contained in these TOU are for reference purposes only and shall not affect the meaning or interpretation of these TOU.
j. No Waiver. The failure of Acelis to enforce at any time any of the provisions of these TOU, or the failure by Acelis to require at any time performance by you of any of the provisions of these TOU, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of Acelis to enforce such provision thereafter. The express waiver by Acelis of any provision, condition, or requirement of these TOU shall not constitute a waiver of any future obligation to comply with such provision, condition, or requirement.
k. Links to third-party services and sites: We may offer links or other functions or materials on the Services which allow you to interact with a third-party service (e.g., third party cloud storage or email services) or browse or be redirected to a third party’s website, such as a social networking platform. We are not associated with, endorsing, or responsible for the services, websites, or content or privacy practices of these third parties. If you have any questions about these other companies’ practices, you should review their TOU and other policies. YOU AGREE THAT Acelis WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY SERVICES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY. Any reference on the Services to any product, service, publication, institution, or organization of any third-party entity or individual does not constitute or imply Acelis’ endorsement or recommendation.
l. Prohibition of Assignment: You may not assign, transfer or sublicense any obligations or benefits under these TOU without the prior written consent of Acelis. Subject to the foregoing, these TOU will bind and inure to the benefit of the parties, their respective successors and permitted assigns.
m. Subcontractors: You hereby consent to Acelis’ engagement of third parties (including Acelis’ affiliates) to perform, provide, or support the performance or provision of, all or any portion of the Services.
n. Force Majeure: To the fullest extent permitted under applicable law, Acelis will be excused from performance under these TOU for any period that it is prevented from or delayed in performing any obligations pursuant to these TOU, in whole or in part, as a result of a Force Majeure Event. For purposes of this Section 24(n), “Force Majeure Event” means an event or series of events caused by or resulting from any of the following: (i) weather conditions or other elements of nature or acts of God; (ii) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (iii) quarantines or embargoes, (iv) labor strikes; (v) telecommunications, network, computer, server or Internet disruption or downtime; (vi) unauthorized access to Acelis’ information technology systems by third parties; (vii) epidemics or pandemics; (viii) criminal acts; or (ix) other causes beyond the reasonable control of Acelis.
o. California Consumer Protection Notice: Please note that, if you are a consumer, the limitations in these TOU are intended to be only as broad and inclusive as is permitted by the laws of your state of residence. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services.
p. Export: You may not use the Services if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using the Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services.
q. Notice: All notifications to Acelis under these TOU should be sent via email and first class mail to:
Acelis Connected Health Technologies
30 S. Keller Rd. Suite 100B
Orlando, FL 32810
ACHTsupport@abbott.com
Please print a copy of these TOU for your records.
IMPORTANT – Please read the following together with the documents referred to on it carefully before proceeding. This is a legal document between you and us (as both terms are defined below). THESE TOU (“TOU”) ARE A LEGAL AGREEMENT BETWEEN YOU AND STANDING STONE LLC, D/B/A ACELIS CONNECTED HEALTH TECHNOLOGIES AND OUR AFFILIATES (COLLECTIVELY, “ACELIS”, “we”, “us”, OR “our”) FOR THE WEBSITES, APPLICATIONS, TELEPHONE SYSTEMS THAT CONSTITUTE ACELIS HEALTHCHECK AND ANY UPDATES, MODIFICATIONS, IMPROVEMENTS, OR ENHANCEMENTS THERETO PROVIDED BY ACELIS (COLLECTIVELY, THE “SERVICES”). Your use of the Services constitutes, and is conditioned upon, your agreement to be bound by these TOU. By clicking “accept”, you explicitly consent and agree that these TOU will apply to your use of these Services. IF YOU DO NOT AGREE TO THESE TOU, THEN DO NOT ACCESS OR USE THE SERVICES.
By accepting these TOU and using the Services, you affirm that you are agreeing either on your own behalf, or on behalf of another person for whom you have actual authority to legally bind that person to these TOU.
Any words following the terms “including,” “include,” “in particular,” “for example” or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words. Headings in these TOU are for your convenience only, and do not limit, define, or fully explain each section.
YOUR USE OF THE SERVICES IS ALSO SUBJECT TO THE PRIVACY POLICY AVAILABLE AT https://www.abbott.com/privacy-policy.html (“Privacy Policy”), WHICH EXPLAINS OUR PRACTICES WITH RESPECT TO THE INFORMATION THAT YOU PROVIDE THROUGH YOUR USE OF THE SERVICES.
These TOU provide that all disputes between you and Acelis with respect to your use of the Services will be resolved by BINDING ARBITRATION, to the fullest extent permitted under applicable law. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court, to the fullest extent permitted under applicable law. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action, to the fullest extent permitted under applicable law. Please review Section 24(b) for the details regarding your agreement to arbitrate any disputes with Acelis.
1. Information about Us: The HealthCheck websites are operated by Standing Stone, LLC dba Acelis Connected Health Technologies.
2. Key Terms: The following terms have the following meaning in these TOU:
Administrator. The Acelis HealthCheck system administrator to whom a healthcare clinic provides an administrator ID for creating, administering and maintaining clinic IDs.
Affiliate. A corporation or any other entity that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, such party. As used herein, the term “control” means possession of direct or indirect power to order or cause the direction of the management and policies of a corporation or other entity whether (i) through the ownership of more than fifty percent (50%) of the voting securities of the other entity, or (ii) by contract, statute, regulation or otherwise.
Data. Your data or information uploaded to the Services, Third-Party Service Data, or submitted by you through the Platform.
Platform. Software-based platform made available by Acelis at www.achhealthcheck.com, or other such URL, or mobile app as we may provide.
Services. The Platform and other services we provide to you pursuant to these TOU associated with the Acelis HealthCheck network.
Third-Party Service Data. “Third-Party Service Data” includes data you or a patient has submitted or recorded into a third-party service (e.g., Apple HealthKit, Google Fit), including but not limited to our Affiliate’s services or software, and that you have chosen to transmit to the Services on your behalf or on behalf of a patient. Third Party Service Data may be transmitted on an ongoing basis or such other frequency determined by you and may be included in a patient record based on your elections or the parties’ agreement.
TOU. These Terms of Use, together with the documents referred to herein, including any updates posted at www.achhealthcheck.com or other such URL as we may provide.
User(s). Any user of the Platform with user credentials to access and use the Services.
We, us, and our. Standing Stone LLC, d/b/a Acelis Connected Health Technologies, and our Affiliates to the extent that each helps to perform Services under this Agreement.
You, your, yours. You who is subscribing to, accessing and using the Services.
3. General: By using the Services, you represent, acknowledge, and agree that: (a) you are at least 18 years of age and located in the United States; If you are a parent/guardian of a child, you must create a HealthCheck account for use by your child and you understand and agree that you are responsible for your child’s use of the Services and that any violation of these TOU by your child, will be your responsibility and may result in the termination or suspension of your HealthCheck account; (b) you have not previously been suspended or removed from the Services; and (c) your use of the Services is in compliance with all applicable laws and regulations.
4. Description of the Services: The HealthCheck Services are designed to help you manage your care, connect with your healthcare provider, and record and monitor your results more conveniently. The Services are dependent upon access to the internet, telecommunication systems, third-party service providers, platforms, and software, that may not be provided by us. We are not responsible or liable for any third party’s performance, delayed performance, errors, damage or loss of Data or non-performance. The Services allow you to remotely enter or upload certain information about your care and, where offered and approved, may allow you to remotely share access of your Data with your healthcare provider.
The Services may be limited from time to time, and we cannot guarantee that the Services will be available at all times. To function properly, the Services require many kinds of mechanical, electrical, computational, transmission, communication and human factors, each of which are subject to limitations, errors, and untimely failures from time to time. Many of those factors are outside the control of either party.
5. Medical Disclaimer: THE SERVICES ARE NOT INTENDED FOR DIAGNOSIS, 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 SERVICES. IF YOU BELIEVE YOU HAVE AN EMERGENCY, CALL 9-1-1 IMMEDIATELY!
YOU SHOULD SEEK EMERGENCY HELP OR FOLLOW UP CARE WHEN RECOMMENDED BY YOUR PROVIDER OR WHEN OTHERWISE NEEDED. ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER CONCERNING QUESTIONS YOU HAVE REGARDING A MEDICAL CONDITION AND BEFORE STOPPING, STARTING, OR MODIFYING ANY TREATMENT OR MODIFICATION. YOU SHOULD NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION CONTAINED IN THE SERVICE.
WHILE ACELIS USES INFORMATION THAT IT RECEIVES VIA THE SERVICES TO IMPROVE TREATMENT GUIDANCE, ACELIS IS NOT A PROVIDER OF MEDICAL CARE, AND ACELIS IS NOT RESPONSIBLE FOR NOTIFYING YOUR DOCTOR OR OTHER HEALTHCARE PROFESSIONAL(S) OF ANY CHANGES IN YOUR TEST RESULTS.
THE SERVICES MAY CONTAIN GENERAL INFORMATION OR CONTENT RELATED TO MEDICAL CONDITIONS, TREATMENT, AND OTHER HEALTH CARE TOPICS. ANY SUCH INFORMATION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT AND SHOULD NOT BE INTERPRETED AS MEDICAL ADVICE OR AS A SUBSTITUTE FOR CONSULTATION WITH A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL. YOU SHOULD ALWAYS CONSULT WITH A DOCTOR OR OTHER HEALTH CARE PROFESSIONAL FOR MEDICAL ADVICE OR INFORMATION ABOUT DIAGNOSIS AND TREATMENT. THE RECEIPT OF ANY USER CONTENT (AS DEFINED BELOW) DOES NOT CREATE A PROFESSIONAL RELATIONSHIP AND DOES NOT CREATE ANY PRIVACY INTERESTS OTHER THAN THOSE THAT MAY BE DESCRIBED IN OUR PRIVACY POLICY HTTPS://WWW.ABBOTT.COM/PRIVACY-POLICY.HTML. ADDITIONALLY, ANY MEDICAL ADVICE OR CONSULTATION THROUGH THE SERVICES PROVIDED TO YOU BY A SUBSCRIBER IS BETWEEN YOU AND SUCH OTHER PERSON, AND ACELIS DISCLAIMS ANY RESPONSIBILITY FOR SUCH COMMUNICATIONS.
You, your doctor and other qualified healthcare professional(s) are solely responsible for communicating your test results, providing feedback, and discussing and recommending testing and treatment options. ACELIS does not recommend or endorse any specific tests, products, procedures, or opinions. YOUR DECISION TO TAKE ACTION BASED ON ANY INFORMATION TRANSMITTED TO OR STORED ON THE SERVICE OR ON ANY INFORMATION RECEIVED FROM ACELIS EMPLOYEES, AGENTS OR SUPPLIERS IS SOLELY AT YOUR OWN RISK.
6. Account and profile: The Services are your gateway in which your any information you input or is input about you, including health-related information, will be stored and analyzed by you and your healthcare provider, and used as otherwise stated in these TOU. Do not reveal your account information to anyone else. You must provide and maintain accurate, current, and complete user profile information as prompted by the account profile form. You are responsible for the confidentiality and security of your device, account, and access to the Services by your account, including your username and password. You agree not to permit any other person to use your username or password to gain access to the Services, and you agree that you are responsible for any and all activities conducted using your username and password. If you believe that the confidentiality of your password has been compromised, you must immediately notify Acelis and if possible, you should immediately change your password. Acelis is not responsible for any lost, stolen or compromised passwords or for any activity on your account from unauthorized users or for any losses arising out of or in connection with the unauthorized use of your account where caused by you. We have the right to disable any User ID at any time, if in our opinion, you have failed to comply with any of the provisions of these TOU. You may only use our Platform as set out in these TOU. Any illegal or unauthorized use of our Platform shall constitute a violation of these TOU. You do not have permission to access our Platform in any way that violates these TOU or breaches any applicable law.
7. Reservation of rights and ownership: Acelis, our affiliates, our suppliers, and/or our licensors own all rights, titles and interests in and to the Services, including logos, graphics, user interface, videos, images, software, design, scripts, database structures, trademarks, copyrights and other materials included in or utilized by the Services or provided to you, and any updates thereto (“Materials”) and all intellectual property rights therein. The definition of Materials does not include any data you submit to the Services. The Materials are protected by applicable intellectual property, and other laws, including laws governing patents, copyrights, trade secrets, trademarks, and unfair competition. You agree that you will not use such Materials in any way whatsoever except for use of the Services in compliance with these TOU. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted in these TOU or where permitted by applicable law. You shall not remove any product identification, copyright notices, or proprietary restrictions from the Services. You expressly acknowledge and agree that Services access is licensed and not sold to you, and that Acelis, our licensors, affiliates and suppliers, grant you a non-exclusive license to use the Services on the basis of these TOU, and that your use of the Services is also subject to any rules or policies applied by Acelis’ affiliates and third-party providers. You therefore agree that Acelis and/or our licensors do not transfer to any user any ownership or proprietary rights in the Services, the Materials, any intellectual property rights, or any other technology, information or materials, and as between the parties, Acelis, our affiliates, our suppliers, and our licensors, retain exclusive ownership of all rights, titles, and interest in and to all aspects of the Services, the Materials, any intellectual property rights, and all other technology, information, and materials, as well as any and all copies or modifications thereof (by whomever and whenever made).
RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY ACELIS AND/OR ITS LICENSORS. Except for the limited rights and licenses expressly granted under these TOU, nothing in these TOU grants, by implication, waiver, estoppel, or otherwise, to you or any third party any intellectual property rights or other right, title, or interest in or to the Materials. You may not and shall not permit any other person to copy, distribute, display, modify, or otherwise use any of the Materials except as expressly permitted by these TOU.
8. Feedback: Any data, comments or materials that you supply via the Services or provide to Acelis in order to receive support, including feedback data, such as questions, comments, suggestions, or the like (“Feedback”), shall be deemed to be non-confidential and non-proprietary. Acelis shall have no obligation of any kind with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transfer, create derivative works, and distribute the Feedback to others without limitation, except for health information and personal information which might be included in the Feedback but is subject to this Section 88. Furthermore, Acelis shall be free to use any idea, concepts, know-how, or techniques contained in such Feedback for any purpose whatsoever, including developing, manufacturing, and marketing products incorporating such Feedback.
9. Trademarks: HealthCheck and related brand marks are trademarks of Standing Stone LLC, d/b/a Acelis Connected Health Technologies in various jurisdictions. Other trademarks are the property of their respective owners. No license or right, express or implied, is granted to you in any of the aforesaid trademarks, and you further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Services. No use of any Acelis trademark, trade name, or trade dress may be made without the prior written authorization of Acelis, except to identify the product or services of the company.
10. Right to use the Services: Subject to these TOU, and your compliance with these TOU, Acelis hereby grants you, a limited, personal, non-exclusive, and non-transferable license to use and to display the Materials and to use the Services solely for your personal use. Except for the foregoing license, you have no other rights in the Services or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any of the Services or Materials in any manner. If you, or any other person under your responsibility, breach any of the provisions in these TOU, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
11. Your Responsibilities: You agree to provide accurate and complete information when you use the Services, and you agree to keep your account information accurate, current and complete. Use of the Services and its full functionality may require you to use qualifying devices and software. It is your responsibility to ensure that you have such devices and software and your failure to do so may affect the performance or availability of the Services. You are responsible for obtaining and maintaining any Internet connections, computing equipment, and supplies necessary for you to receive, access, and use the Services. You agree to only use the Services as expressly permitted herein.
12. Prohibited uses of the Services: You may NOT:
a. upload, download, email, transmit, store, or otherwise make available any data or use or access the Services in a manner that is harmful, tortious, or invasive of another’s privacy, or otherwise objectionable;
b. use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these TOU, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Services or any operating system;
c. pretend to be anyone that you are not or misrepresent who you are, your age, or otherwise misrepresent your affiliation with any person (including a child). Acelis reserves the right to reject or block any access to the Services by someone who could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person’s name or identity, or that has been used to hijack another user’s data;
d. infringe our intellectual property rights or those of any third party in relation to your use of the Services (to the extent that such use is not licensed by these TOU);
e. upload, post, email, transmit, store, or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Services (or any part thereof), or any other computer software or hardware;
f. interfere with or disrupt the Services (including accessing the Services through any automated means, such as scripts or web crawlers), or any servers or networks connected to Services, or any policies, requirements or regulations of networks connected to the Services (including any unauthorized access to, use or monitoring of data or traffic thereon);
g. reverse engineer, copy, decompile, disassemble, decode, gain access to the source code, or otherwise attempt to discover the source code or algorithms of the Services, except and then solely to the extent permitted under applicable law;
h. modify or disable any features of the Services;
i. use the Services in a way that could damage, disable, overburden, impair, or compromise our systems or security or interfere with or harm others;
j. create derivative works based on the Services;
k. publicly display, publicly perform, transfer, sell, license, distribute, create derivative works of, rent, lease, lend, sublicense, or provide commercial hosting services with the Services;
l. collect or harvest (e.g., scrape) any information or data manually or technologically from the Services or our systems or attempt to decipher any transmissions to or from the servers running the Services;
m. use or access the Services from a jurisdiction where such use or access is not authorized; and/or
n. gather, store, or upload personal information, including health information, on any other users of the Services.
13. Update, change, or suspension of the Services: Acelis may, at any time, provide or make available updates or upgrades to the Services (“Updates”), including without limitation bug fixes, Services enhancements, new features, deletion of existing functions, or modification of the Services. Updates will be governed by these TOU unless separate terms and conditions are provided with such Updates, in which case that separate terms and conditions shall govern the Updates. Acelis expressly reserves the right to change, suspend, remove, limit the use of, and/or disable the access to the Services or any portion thereof at any time without notice or liability.
14. Right to monitor: Acelis reserves the right to gather data on the Services usage to ensure that the Services is being used in accordance with the TOU. Any unauthorized use shall be considered by Acelis to be a violation of these TOU. Acelis reserves the right to remedy violations immediately upon discovery. You agree not to block, electronically or otherwise, the transmission of data required for compliance with the TOU. Any blocking of data required for compliance under these TOU is considered to be violation of these TOU and may result in immediate termination of your right to use the Services. Acelis reserves the right, but has no obligation, to monitor or become involved in disputes between you and other Users.
15. Availability and accuracy of information: The Services, or any feature or part thereof, may not be available in all languages or in all countries and Acelis makes no representation that the Services, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent that you choose to access and use the Services, you do so at your own initiative and are responsible for compliance with any applicable laws. Acelis makes no representations or warranties regarding the accuracy, completeness, reliability, or timeliness of any data provided by you or third parties, or of any content generated by the data stored by you in the Services. In particular, Acelis makes no representations or warranties that any information based on such data will be in compliance with government regulations requiring disclosure of information.
16. Disclaimer of Warranty: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT TO THE EXTENT PERMITTED BY LAW, THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES IS PROVIDED “AS IS,” “WHERE IS,” AND “AS AVAILABLE” WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ACELIS AND OUR AFFILIATES, THIRD PARTY PROVIDERS, AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OR GUARANTEES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING THE SERVICES OR CONTENT OR DATA AVAILABLE THROUGH THE SERVICES, AND SPECIFICALLY DISCLAIMS AND YOU EXPRESSLY WAIVE ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE; AND (c) ANY WARRANTY AS TO WHETHER THE DATA OR OTHER INFORMATION AVAILABLE THROUGH OR TRANSMITTED BY THE SERVICES IS TRUE, COMPLETE OR ACCURATE.
WITHOUT LIMITING THE PREVIOUS DISCLAIMER, ACELIS AND OUR LICENSORS DO NOT REPRESENT, WARRANT OR GUARANTEE THAT THE SERVICES, MATERIALS, OR THE CONTENT THEREIN (i) WILL OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE MANNER, (ii) WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS, VIRUSES, OR ERRORS, (iii) WILL BE SECURE OR IMMUNE (INCLUDING THE CONTENT DELIVERED TO YOU OR THE INFORMATION YOU PROVIDED) FROM UNAUTHORIZED ACCESS, (iv) WILL BE ACCURATE, COMPLETE, OR RELIABLE, OR (v) THAT THE QUALITY OF THE SERVICES WILL BE SATISFACTORY TO YOU OR WILL MEET YOUR REQUIREMENTS, OR THAT ERRORS WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ACELIS OR ANY MATERIALS OR INFORMATION AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ACELIS OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TOU. YOU ASSUME ALL RISK FOR ANY HARM OR DAMAGE THAT MAY RESULT TO YOU FROM YOUR USE OF OR ACCESS TO THE SERVICES AND ANY MATERIALS OR INFORMATION AVAILABLE THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICES AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICES USED IN CONNECTION WITH THE SERVICES), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OR USE OF THAT MATERIAL OR INFORMATION. IN NO EVENT WILL ACELIS BE LIABLE TO YOU FOR ANY LOSSES FROM MISTAKES, OMISSION, OR DELAYS IN TRANSMISSION OF INFORMATION, OR FROM INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SERVICE.
NOTHING IN THESE TOU IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT, OR LIABILITY IN A MANNER THAT IS NOT PERMISSIBLE UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF IMPLIED TERMS. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND THE LIABILITY OF ACELIS AND THEIR LICENSORS AND SERVICE PROVIDERS WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
17. Limitation of liability: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ACELIS, OUR PARENT, OUR AFFILIATES, OUR THIRD PARTY PROVIDERS, OR OUR OR THEIR RESPECTIVE LICENSORS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, OR ANY PARTY ACTING ON ACELIS’ BEHALF BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, LOST PROFITS, DAMAGES FOR LOSS OF DATA OR OTHER INFORMATION, OR DAMAGES FOR BUSINESS INTERRUPTION ARISING UNDER THESE TOU OR ASSOCIATED WITH YOUR USE OF THE SERVICE OR WITH RESPECT TO ANY MATERIALS EVEN IF ACELIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, NEGLIGENCE, PERSONAL INJURY, PRODUCT LIABILITY, STRICT LIABILITY, FAILURE TO WARN, INFRINGEMENT, FOR LOSS OR PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SERVICE, THIRD PARTY SOFTWARE, AND/OR THIRD PARTY HARDWARE USED OR THAT MAY BE USED WITH THE SERVICE, FOR LOSS FROM ANY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE TO YOUR DOWNLOADING ANY MOBILE APP LINKED TO THE SERVICE, OR ANY OTHER THEORY REGARDLESS OF WHETHER OR NOT ACELIS, ITS AFFILIATES, OR ANY THIRD PARTY PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS MEANS THAT YOU HEREBY WAIVE ANY AND ALL RIGHTS TO ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, AND LOST PROFITS. DAMAGES FOR LOSS OF DATA OR OTHER INFORMATION, OR DAMAGES FOR BUSINESS INTERRUPTION FROM ACELIS AND OUR LICENSORS. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT ACELIS WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. ACELIS SHALL NOT BE LIABLE FOR ANY LOSS OF DATA, BREACH OF SECURITY ASSOCIATED WITH THE SERVICES, OR COMMUNICATIONS ON THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SAME, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE SERVICES, TERMINATION OF YOUR USE OF THE SERVICES IS YOUR SOLE REMEDY. ACELIS HAS NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU. IF, NOTWITHSTANDING THE FOREGOING LIMITATIONS, A COURT OR DISPUTE RESOLUTION AUTHORITY WITH JURISDICTION OVER ACELIS FINDS THAT ACELIS MUST PAY DAMAGES, ACELIS’ MAXIMUM AGGREGATE LIABILITY OF ANY KIND ARISING UNDER OR RELATING TO THESE TOU, THE SERVICES, OR MATERIALS SHALL BE TEN DOLLARS ($10.00).
THE FOREGOING LIMITATIONS SHALL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHER TORT, OR ANY OTHER LEGAL THEORY; MOREOVER, THESE LIMITATIONS WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
ONLY YOU CAN IMPLEMENT BACK-UP PLANS AND SAFEGUARDS NECESSARY TO APPROPRIATELY ADDRESS YOUR NEEDS IN THE EVENT THAT AN ERROR IN THE SERVICES CAUSES COMPUTER, MOBILE PHONE, OR TELEPHONE PROBLEMS AND RELATED DATA LOSSES. FOR THESE BUSINESS REASONS YOU UNDERSTAND AND AGREE TO THE LIMITATIONS OF LIABILITY IN THIS SECTION AND ACKNOWLEDGE THAT WITHOUT YOUR AGREEMENT TO THIS PROVISION, ANY APPLICABLE FEE CHARGED WOULD BE HIGHER.
Some states /jurisdictions prohibit or limit the exclusion or limitation of liability or incidental or consequential damages, so the above limitations or exclusions may not apply to you in its entirety and any such liability will be to the maximum extent required to be provided by such applicable law.
You acknowledge and agree that to the fullest extent permitted by applicable law, neither Acelis nor our affiliates or business partners are responsible for your decision to share and/or disclose your personal information, including health-related information, and you hereby release Acelis and our business partners from any liability that may arise from such third parties’ collection or other processing of your personal information.
18. Indemnity: TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU WILL DEFEND, INDEMNIFY, AND HOLD HARMLESS ACELIS, OUR PARENT, OUR AFFILIATES, AND OUR AND THEIR RESPECTIVE LICENSORS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUCCESSORS, ASSIGNS, AND REPRESENTATIVES AND ANY PARTY ACTING ON ACELIS’ BEHALF (“Acelis Indemnitees”), FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LIABILITIES, LOSSES, DAMAGES, JUDGMENTS, FINES, COSTS AND EXPENSES, INCLUDING EXPERTS’ FEES AND REASONABLE ATTORNEYS’ FEES (COLLECTIVELY, “Claims”) ARISING OUT OF OR RELATED TO (a) ANY USE OF THE SERVICES BY YOU OR BY ANY PERSON THAT YOU ALLOW TO USE THE SERVICES, (b) ANY BREACH OF THE TOU BY YOU OR BY ANY PERSON THAT YOU ALLOW TO USE THE SERVICES, OR (c) ANY VIOLATION OF ANY LAWS, REGULATIONS OR THE RIGHTS OF ANY THIRD PARTY BY YOU OR BY ANY PERSON THAT YOU ALLOW TO USE THE SERVICES.
ACELIS SHALL PROVIDE YOU WITH WRITTEN NOTICE OF CLAIMS AGAINST ANY OF THE ACELIS INDEMNITEES WITHIN A REASONABLE PERIOD OF TIME (PROVIDED, HOWEVER, THAT A DELAY IN NOTIFICATION SHALL EXCUSE YOUR DEFENSE AND INDEMNIFICATION OBLIGATIONS ONLY TO THE EXTENT SUCH DELAY MATERIALLY PREJUDICES THE DEFENSE OF SUCH CLAIMS). NOTWITHSTANDING YOUR OBLIGATION TO DEFEND ACELIS INDEMNITEES AGAINST CLAIMS AS SET FORTH IN THIS THESE TOU, ACELIS SHALL HAVE THE RIGHT TO EXCLUSIVE CONTROL OF THE DEFENSE AND SETTLEMENT OF THE CLAIMS AND/OR TO SELECT COUNSEL TO DEFEND AGAINST AND NEGOTIATE RESOLUTION OF SUCH CLAIMS. YOU SHALL GIVE ACELIS ALL REASONABLE ASSISTANCE, AT YOUR EXPENSE. YOU MAY NOT SETTLE ANY CLAIM AGAINST THE ACELIS INDEMNITEES UNLESS THE SETTLEMENT UNCONDITIONALLY AND FULLY RELEASES ACELIS INDEMNITEES OF ALL LIABILITY AND FAULT AND THE ACELIS INDEMNITEES HAVE PROVIDED WRITTEN CONSENT TO SUCH SETTLEMENT.
19. Data transmissions and costs: The Services requires your device to have access to the Internet and may be subject to restrictions imposed by your network or internet provider. The Services may require access through your mobile network, which may result in additional charges depending on your payment plan. In addition, your enjoyment of some features of the Services may be affected by the suitability and performance of your device hardware or data access. You are solely responsible for any charges incurred from your internet and network providers related to the use of the Services.
20. Notice of defects or security incident: You shall promptly report to Acelis any significant defects or problems with the Services observed by you. In addition, you shall immediately report to Acelis any actual or suspected security incident involving the Services and/or personal information (including loss or compromise of the Services account credentials) that you become aware of, and you will fully cooperate with Acelis, law enforcement and/or any other applicable regulatory body in addressing the incident. Without limiting Acelis’ other rights and remedies, if there is a violation of any of the security-related requirements under these TOU by you, that violation shall be a breach of these TOU, and Acelis shall have the immediate right in our sole discretion to suspend or terminate your access to the Services.
21. Notifications and automatic alerts: Under some circumstances, the Services may present you with notifications, prompts with links to additional information, or suggested actions based on information collected by the Services. Acelis makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of any notifications. You accept that any reliance on these notifications will be at your own risk, and Acelis disclaims all liability arising from your use of them or reliance upon them.
22. Compliance with law: You acknowledge and agree to comply with any and all applicable laws and regulations in using the Services including, without limitation, all applicable export restriction laws and regulations.
23. Term; Termination: The Services have no predetermined termination date and may continue until such time as Acelis decides to terminate the Services, or you are no longer authorized to receive the services from Acelis when these TOU are terminated consistent with the terms herein. You may terminate your use of the Services at any time by not using the Services.
Acelis may immediately suspend or terminate these TOU and/or your access to and use of the Services or any portion thereof, at any time and for any or no reason. In addition, if you fail, or Acelis reasonably suspects that you have failed to comply with any of the provisions of the TOU, without limiting Acelis’ other rights and remedies, all of which are expressly reserved, at our sole discretion and without notice to you, Acelis may immediately discontinue your access to the Services and terminate the TOU, and you will remain liable for all amounts due (if any) up to and including the date of termination, and all rights granted to you by these TOU will terminate, and you lose status as an authorized user.
If Acelis suspends or terminates your use of the Services for any of the reasons listed above, you will remain liable for all amounts due (if any) up to and including the date of termination, and all rights granted to you by these TOU will terminate, and you lose status as an authorized user.
Upon termination, you shall no longer have any right to use the Services under these TOU, and you must immediately (a) cease use of the Services, (b) delete any connection to the Services on any system used by you, and (c) delete all Material in your possession or control.
24. General terms:
a. Choice of law: These TOU, including all revisions and amendments thereto, are governed by and construed in accordance with the laws of Illinois, without regard to its conflict or choice of law principles.
b. Arbitration: If a dispute arises between you and Acelis regarding these TOU, you and Acelis will attempt to resolve such dispute in good faith by direct negotiation by representatives of each party. If such negotiation does not resolve the matter within 28 days after notice of the dispute is given, the matter will be resolved by the following alternative dispute resolution (“ADR”) procedure.
To begin an ADR proceeding, a party shall provide written notice to the other party of the issues to be resolved by ADR. Within 14 days after its receipt of notice of ADR, the other party may, by written notice, add additional issues to be resolved. Within 21 days following receipt of the original ADR notice, the parties shall select a mutually acceptable independent, impartial, and conflicts-free neutral to preside over the proceeding. If the parties are unable to agree on a mutually acceptable neutral within such period, each party will select one independent, impartial, and conflicts-free neutral and those two neutrals will select a third independent, impartial and conflicts-free neutral within 10 days thereafter. None of the neutrals selected may be current or former employees, officers or directors of either party or its affiliates. The parties shall convene in a location mutually agreed upon to conduct a hearing before the neutral no later than 56 days after selection of the neutral (unless otherwise agreed upon by the parties).
The ADR process shall include a pre-hearing exchange of exhibits and summary of witness testimony upon which each party is relying, proposed rulings and remedies on each issue, and a brief in support of each party’s proposed rulings and remedies not to exceed 20 pages. The pre-hearing exchange must be completed no later than 10 days prior to the hearing date. Any disputes relating to the pre-hearing exchange shall be resolved by the neutral. No discovery shall be permitted by any means, including depositions, interrogatories, requests for admissions, or production of documents.
The hearing shall be conducted on 2 consecutive days, with each party entitled to 5 hours of hearing time to present its case, including cross-examination. The neutral shall adopt in its entirety the proposed ruling and remedy of one of the parties on each disputed issue but may adopt one party’s proposed rulings and remedies on some issues and the other party’s proposed rulings and remedies on other issues. The neutral shall rule within 14 days of the hearing, shall not issue any written opinion, and shall not refer any portion of the dispute to mediation without the parties prior, written consent. The rulings of the neutral shall be binding, and non-appealable and may be entered as a final judgment in any court having jurisdiction. The neutral(s) shall be paid a reasonable fee plus expenses. These fees and expenses, along with the reasonable legal fees and expenses of the prevailing party (including all expert witness fees and expenses), the fees and expenses of a court reporter, and any expenses for a hearing room, shall be paid as follows:
i. If the neutral(s) rule(s) in favor of one party on all disputed issues in the ADR, the losing party shall pay 100% of such fees and expenses.
ii. If the neutral(s) rule(s) in favor of one party on some issues and the other party on other issues, the neutral(s) shall issue with the rulings a written determination as to how such fees and expenses shall be allocated between the parties. The neutral(s) shall allocate fees and expenses in a way that bears a reasonable relationship to the outcome of the ADR, with the party prevailing on more issues, or on issues of greater value or gravity, recovering a relatively larger share of its legal fees and expenses.
To the extent not contradicted by the parties’ contractual agreement regarding ADR rules and procedures contained herein.
c. No Agency: The parties do not intend by entering into these TOU to create a partnership, joint venture, agency, or any other such relationship. Nothing in these TOU shall be construed to expressly or impliedly create such a partnership, joint venture, agency, or other relationship and nothing in these TOU authorizes you to make any contract, agreement, warranty, or representation on behalf of Acelis. Each of the parties warrants and represents that it has not and will not hold itself out as a representative, agent, servant, or employee of the other party for any purpose. Each party assumes sole responsibility for fully complying with laws applicable to its own personnel, none of whom shall be deemed employees or agents of the other party.
d. No Third Party Beneficiaries: These TOU are for the sole benefit of the parties and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer on any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these TOU.
e. Claims: To the fullest extent permitted under applicable law, no action arising out of, in connection with, or relating to these TOU shall be brought by you more than one (1) year after the accrual of the cause of action. This period shall not be extended for any reason, except by the written consent of both parties. All statutes or provisions of law which would toll or otherwise affect the running of the period of limitation are hereby waived, and no such statute or provision of law shall operate to extend the period limited in this paragraph, to the fullest extent permitted under applicable law.
f. Entire Agreement and Updates: These TOU are the complete and exclusive statement of these TOU with respect to the subject matter hereof and supersede all other communications or representations or agreements (whether oral, written, or otherwise) relating thereto. Acelis reserves the right, at our discretion, at any time to modify these TOU and to impose new or additional terms or conditions on your use of the Services by notifying you electronically. Please check these TOU periodically for changes. If a change to these TOU materially modifies your rights or obligations, we will take steps to provide notice of the modified TOU. Material modifications will be effective upon your acceptance of such modified TOU or upon your continued use of the Services after we send or post our notification of the changes, whichever is earlier. Other modifications are effective upon publication. Disputes arising under these TOU will be resolved in accordance with the version of these TOU that was in effect at the time the dispute arose. In the event that you refuse to accept the modified TOU, do not proceed to use the Services.
g. Severability: If any term or provision of these TOU is held to be void or unenforceable by any judicial or administrative authority, such determination shall not affect the validity of enforceability of the remaining terms and provisions of these TOU. The remaining provisions of these TOU shall remain in effect and shall be construed in accordance with its terms.
h. Survival: Sections 5, and 7-25 of these TOU, and any other provision that by its nature should continue to be in effect, shall survive the expiration or earlier termination of these TOU, and shall remain valid and binding.
i. Headings. The headings contained in these TOU are for reference purposes only and shall not affect the meaning or interpretation of these TOU.
j. No Waiver. The failure of Acelis to enforce at any time any of the provisions of these TOU, or the failure by Acelis to require at any time performance by you of any of the provisions of these TOU, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of Acelis to enforce such provision thereafter. The express waiver by Acelis of any provision, condition, or requirement of these TOU shall not constitute a waiver of any future obligation to comply with such provision, condition, or requirement.
k. Links to third-party services and sites: We may offer links or other functions or materials on the Services which allow you to interact with a third-party service (e.g., third party cloud storage or email services) or browse or be redirected to a third party’s website, such as a social networking platform. We are not associated with, endorsing, or responsible for the services, websites, or content or privacy practices of these third parties. If you have any questions about these other companies’ practices, you should review their TOU and other policies. YOU AGREE THAT Acelis WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY SERVICES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY. Any reference on the Services to any product, service, publication, institution, or organization of any third-party entity or individual does not constitute or imply Acelis’ endorsement or recommendation.
l. Prohibition of Assignment: You may not assign, transfer or sublicense any obligations or benefits under these TOU without the prior written consent of Acelis. Subject to the foregoing, these TOU will bind and inure to the benefit of the parties, their respective successors and permitted assigns.
m. Subcontractors: You hereby consent to Acelis’ engagement of third parties (including Acelis’ affiliates) to perform, provide, or support the performance or provision of, all or any portion of the Services.
n. Force Majeure: To the fullest extent permitted under applicable law, Acelis will be excused from performance under these TOU for any period that it is prevented from or delayed in performing any obligations pursuant to these TOU, in whole or in part, as a result of a Force Majeure Event. For purposes of this Section 24(n), “Force Majeure Event” means an event or series of events caused by or resulting from any of the following: (i) weather conditions or other elements of nature or acts of God; (ii) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (iii) quarantines or embargoes, (iv) labor strikes; (v) telecommunications, network, computer, server or Internet disruption or downtime; (vi) unauthorized access to Acelis’ information technology systems by third parties; (vii) epidemics or pandemics; (viii) criminal acts; or (ix) other causes beyond the reasonable control of Acelis.
o. California Consumer Protection Notice: Please note that, if you are a consumer, the limitations in these TOU are intended to be only as broad and inclusive as is permitted by the laws of your state of residence. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services.
p. Export: You may not use the Services if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using the Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services.
q. Notice: All notifications to Acelis under these TOU should be sent via email and first class mail to:
Acelis Connected Health Technologies
30 S. Keller Rd. Suite 100B
Orlando, FL 32810
ACHTsupport@abbott.com
Please print a copy of these TOU for your records.