All intellectual property, materials, works, software, code and other functions accessible through Huddle, including, but not limited to, text, graphics, images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Site, as well as their selection and arrangement and look and feel (collectively, the “Content”) are protected by copyright, trademark, patent, and/or other intellectual property laws and are the sole and exclusive property of DrFirst. Any unauthorized use of the Content may violate such laws and is in violation of these Terms. Except as expressly provided in these Terms, DrFirst does not grant You any express or implied rights to use the Content. You agree not to copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, create derivative works based on Huddle, the Content or their selection and arrangement, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, any of the Content, Huddle or any related software, services, or applications.
CONSENT TO USE INFORMATION FOR THE SERVICES
Huddle may use your information to make available the features and functions of the application as well as provide to you other materials, information and services provided by DrFirst or DrFirst partners (collectively, the “DrFirst Services”). You expressly authorize DrFirst to use and disclose the information you provide to DrFirst as necessary to provide any DrFirst Services. Further, Huddle may include features which require your authorization or consent, and upon initiating the request through the applicable feature, you expressly acknowledge your consent to transmit the information for the intended purpose. In the event you choose to use Huddle to share Your information with a third party, or authorize a third party to access your information, You expressly authorize DrFirst to transmit or otherwise make the information available to that third-party, including but not limited to, sensitive health data.
YOUR RELATIONSHIP WITH DRFIRST
You acknowledge and agree that:
You are choosing to use the Huddle product to store your healthcare information, and by entering these Terms are creating a distinct relationship solely and directly between You and DrFirst;
You have chosen to use the features of Huddle of your own volition, and any storing or sharing of information is a decision solely by you;
Your relationship with DrFirst is not related to any healthcare treatment or other relationship you may have with a physician, insurance company, or other provider of healthcare services; and
the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing regulations do not apply to Your relationship with DrFirst, that DrFirst is not acting as a Business Associate or Covered Entity as those terms are defined by HIPAA, that the health information you provide to DrFirst is not protected health information (PHI) as defined by HIPAA, and that once in DrFirst’s possession, other federal and state privacy laws may not apply to your healthcare information.
CONSENT TO CONTACT
By agreeing to these Terms, you hereby expressly consent to DrFirst using your contact information and other information associated with your account, including, but not limited to your mobile number, to communicate with you regarding your information and use of the Huddle application, as well as provide you with other coupon or benefit information. You expressly permit DrFirst to send such communications to your mobile phone or other device using SMS text messages. You expressly agree that standard data fees and text messaging rates may apply based on your plan with your mobile phone carrier. As mobile access and text message delivery is subject to your mobile carrier network availability, such access and delivery is not guaranteed. You may opt out of text delivery at any time by following instructions in the text message, or through the JIRA services desk at https://sdesk.drfirst.com/support.
THIRD PARTY CONTENT
Huddle may make available materials, information, data, and services provided by third parties, including, but not limited to photographs, text, graphics, pictures, sound, video, educational content, drug pricing information, coupon information, general information, healthcare data, and/or software applications (Third-Party Content). The Third-Party Content may be governed by separate license agreements that accompany such content. DrFirst does not investigate, monitor or check for accuracy, appropriateness, or completeness of Third Party Content. DrFirst offers no guarantees and assumes no responsibility or liability of any type with respect to the Third-Party Content, including any liability resulting from incompatibility between the Third Party Content and the Content offered by DrFirst. You agree to receive any Third-Party Content associated with a feature You use.
DrFirst is not responsible for any third-party websites or applications accessed through Huddle, and You should review the applicable terms of services and any other policies of any website to which You navigate. If You decide to access third party websites or content, You do so at Your own risk and You are hereby advised that our Terms do not govern such access. To the extent Huddle includes links to outside services and resources, You acknowledge that DrFirst is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such sites. DrFirst provides these links to You only as a convenience, and the inclusion of any link does not imply approval or endorsement by DrFirst. DrFirst is not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any such content, products or services available on or through any such linked site or resource. Any issues or concerns regarding any such site should be directed to the owner or operator of that application or site.
DATA YOU PROVIDE
You represent and warrant that you have all rights, permissions, and authority under applicable state, federal, and local law to provide to DrFirst any information stored, used, uploaded, transferred, or otherwise provided by You to the Huddle application. Further, and without limitation, if You are using Huddle to manage the information of a third party, you represent and warrant that you have all necessary permissions required under applicable from that third party, and that, as applicable, you are a guardian, personal representative, or other authorized steward of such information, and, as applicable, that any such third parties have authorized your sharing of their information to DrFirst or other third parties through Huddle. DrFirst reserves the right to eliminate your access to Huddle if DrFirst discovers at any time that the representations and warranties in this section are or have become, in whole or in part, false or otherwise inaccurate.
CONSENT TO USE INFORMATION
You authorize DrFirst to use the information You provide to tell You about, cost savings, clinical trial, and other services that may be available. Additionally, DrFirst may use the data that You provide for purposes of product analysis and improvement. DrFirst may receive remuneration from third parties in connection with these activities.
DrFirst strictly prohibits the following and You agree not to engage in:
Any downloading, copying or other use of the Content or Huddle for purposes competitive to DrFirst or for the benefit of another vendor or any third party;
Any caching, unauthorized linking to Huddle or the framing of any Content available;
Any modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any Content, products or services obtained from Huddle that You do not have express authorization to make available;
Any uploading, posting or transmitting of any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer;
Using any hardware or software intended to surreptitiously intercept or otherwise obtain any information (such as system data or personal information) from Huddle.
Any action that imposes or may impose (in DrFirst’s sole discretion) an unreasonable or disproportionately large load on DrFirst’s infrastructure, or damage or interfere with the proper working of DrFirst’s infrastructure;
Any action intended to disable, bypass, defeat, avoid, remove, deactivate or otherwise circumvent any technical measures we have implemented to safeguard the stability of Huddle, or the confidentiality, integrity or availability of any information, content or data hosted or housed on our services;
You are responsible for obtaining access to Huddle, and any applicable fees including but not limited to Internet service provider or airtime charges. In addition, You must provide and are responsible for all equipment necessary to access Huddle. You may not bypass any measures that have been implemented to prevent or restrict access to Huddle. Any unauthorized access to Huddle by You (including any such access or use that involves in any way an account You may establish on Huddle or any device You may use to access it) shall terminate the permission or license granted to You by DrFirst.
DrFirst reserves the right to refuse or cancel any person’s registration to access Huddle, remove any person from Huddle and prohibit any person from using Huddle for any reason whatsoever, and to limit or terminate Your access to or use of Huddle at any time without notice. DrFirst does not warrants nor represents that Your use of the Content available on Huddle will not infringe rights of third parties not affiliated with DrFirst. Termination of Your access or use will not waive or affect any other right or relief to which DrFirst may be entitled, at law or in equity.
NO MEDICAL OR LEGAL ADVICE
The Content that You obtain or receive from Huddle is for informational purposes only. DrFirst does not provide legal, regulatory, or medical advice of any kind and no attorney/client or physician/patient relationship is created by Your use of Huddle. DrFirst does not ensure the completeness, timeliness or accuracy of the Content. No Content or other information on Huddle is a substitute for professional medical or legal advice.
You may be able to access electronic medical record or associated health care information through Huddle. If you are seeking a full copy of your electronic medical record, you must contact your health care provider directly. In the event You print, download, or otherwise store any portion of the Content presented in Huddle, which may contain your private health information, DrFirst is not responsible for the protection or the privacy and security of such information, and completely disclaim all liability from any further use and/or disclosure of your private health information associated with such saved content.
If you are experiencing a medical emergency or any event requiring prompt medical treatment, do not use Huddle to seek care or to contact a health care professional. Immediately seek professional medical care or dial 9-1-1.
DISCLAIMERS AND WAIVER
Except as otherwise expressly provided in these terms of service, or required by applicable law, DrFirst makes no representations, covenants or warranties and offers no other conditions, express or implied, regarding any matter related to your use of Huddle.
Your use of Huddle is at your sole risk. Huddle is provided on an “as is” and “as available” basis. We reserve the right to restrict or terminate your access to Huddle or any feature or part thereof at any time. DrFirst disclaims any warranties to you that access to Huddle will be uninterrupted or error-free; that Huddle will be secure, except as may be required by applicable law; that Huddle or the server that makes Huddle available will be virus-free; or that information or content on Huddle will be correct, accurate, adequate, useful, timely, reliable or otherwise complete (including, but not limited to, drug interaction information and pricing information). You agree that DrFirst will not be held liable for your use of the content provided through Huddle, data accessible therefrom, or any decision made using the content available through Huddle. If you download any content from Huddle, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content. No advice or information obtained by you from Huddle shall create any warranty of any kind. Your sole remedy against DrFirst for dissatisfaction with Huddle is to stop using the site.
You hereby release and forever waive any and all claims you may have against DrFirst, its officers, directors, employees, agents, information providers or suppliers for losses or damages you sustain in connection with your use of Huddle, or arising under the telephone consumer protection act or similar state law or regulation related to receiving calls or text messages to which you have consented, including, but not limited to, by agreeing to these terms.
You will indemnify and hold harmless DrFirst from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys and experts fees), incurred by DrFirst, and shall defend DrFirst against any and all claims arising out of (a) Your breach of the Terms; (b) fraud You commit, or Your intentional misconduct or negligence; or (c) Your violation of any applicable state, federal, local, or foreign law or the rights of a third party. DrFirst will control the defense of any claim to which this indemnity may apply, and in any event, You shall not settle any claim without the prior written approval of DrFirst.
If any of the provisions set forth in these Terms are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions of these Terms. Section headings are for reference purposes only and do not limit the scope or extent of such section. These Terms and the relationship between You and DrFirst will be governed by the laws of the State of Maryland without regard to its conflict of law provisions. Any dispute arising out of these Terms or Your use of the Site shall be subject to the exclusive jurisdiction and venue of courts in the State of Maryland. This agreement is not subject to the Uniform Computer Information Transactions Act.
DrFirst makes no representation that information, software and/or documentation on Huddle are available for viewing or downloading at locations outside the United States, nor that the Site complies with any foreign laws and You are prohibited from accessing Huddle outside of the United States. Huddle is expressly not intended for use in the European Union or by any individual inside or resident of a European Union member state or any jurisdiction subject to the laws of the European Union.
MODIFICATION TO TERMS OF SERVICE
You acknowledge and agree that DrFirst may, in its sole discretion, modify, add or remove any portion of these Terms of Service at any time and in any manner, by posting revised Terms.. It is Your responsibility to check periodically for any changes DrFirst makes to the Terms. Your continued use of Huddle after any changes to the Terms means You accept the modifications.
These Terms constitute the entire agreement and understanding between You and DrFirst with respect to Your use and access of Huddle and supersede all prior communications between the parties with respect to such subject matter.