Terms of Service

Effective Date: October 1, 2020

 

Please read these Terms of Service (the “Terms”) fully and carefully before using www.PredictHealth.ai (the “Site”) and the services, features, content or applications (including without limitation, Wiser Medicare) offered by Predict Health (together with the Site, the “Services and Solutions”). These Terms set forth the legally binding terms and conditions for your use of the Site and the Solutions and Services provided by Predict Health, Inc., its parents, subsidiaries, and affiliates (collectively, “Predict,” “we,” “us” and “our”). These Terms include the provisions in this document, as well as those in the Privacy Policy.

BY USING OR OTHERWISE ACCESSING THE SOLUTIONS AND SERVICES, REGARDLESS OF WHETHER YOU REGISTER OR CREATE AN ACCOUNT THROUGH THE SERVICES, YOU AGREE TO THESE TERMS, INCLUDING THE INFORMATION PRACTICES DISCLOSED IN OUR PRIVACY POLICY. AS FURTHER DESCRIBED BELOW, YOU ALSO AGREE TO RESOLVE ANY DISPUTE THAT YOU MAY HAVE WITH US WITH RESPECT TO THE SERVICES IN THE STATE OF NEW YORK AND THROUGH BINDING INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU CANNOT USE THE SERVICES.

 

Will the Terms change?

We reserve the right to change the Terms at any time, but if we make any material changes, we will bring it to your attention by placing a notice on the Solutions and Services, by sending you an email, and/or by some other means. If you don’t agree with the new Terms, you are free to reject them, but you may no longer be able to use some or all of the Solutions and Services. If you use the Solutions and Services in any way after a change to the Terms is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

Your use of the Solutions and Services is subject to the following additional restrictions

You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:

  • Infringes or violates the intellectual property rights or any other rights of anyone else (including Predict);

  • Violates any law or regulation, including any applicable export control laws;

  • Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;

  • Violates the security of any computer network, or cracks any passwords or security encryption codes;

  • Runs Maillist, Listserv, any form of auto-responder or “spam” on the Solutions and Services, or any processes that run or are activated while you are not logged into the Solutions and Services, or that otherwise interfere with the proper working of the Solutions and Services (including by placing an unreasonable load on Predict infrastructure);

  • “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);

  • Copies or stores any significant portion of the Content;

  • Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Solutions and Services.

What are my rights in the Solutions and Services?

The materials displayed or performed or available on or through the Solutions and Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Predict’s) rights.

You understand that Predict owns the Solutions and Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Solutions and Services.

Our Solutions and Services may change over time. We may suspend or discontinue any part of the Solutions and Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Solutions and Services. We’ll try to give you notice when we make a material change to the Solutions and Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Solutions and Services at any time, for any reason, in our sole discretion, and without notice.

What about medical information made available on the Solutions and Services?

You understand and agree that the health information and other content appearing on the Solutions and Services or developed with your input or the input of our Business Associates (defined under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) as a person or entity that performs certain functions or activities that involve the use or disclosure of protected health information on behalf of, or provides services to, Predict) is for informational purposes only.

YOUR USE OF THE CONTENT IS SOLELY AT YOUR OWN RISK. The information provided is not a substitute for professional health care and is not meant to replace the advice of a health care professional. It is not intended to advocate the use of one treatment or drug over another – only your medical professional can determine the right course of treatment for you and determine what is safe, appropriate and effective based on your needs. You should see your healthcare provider for any medical condition. The Solutions and Services are not meant to diagnose or treat. Consult your physician before taking any drug, changing your diet, starting or stopping any course of treatment or starting a new fitness regimen. DO NOT USE THE SOLUTIONS AND SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL 911. NOTHING STATED OR POSTED ON THE SOLUTIONS AND SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, DENTISTRY, NURSING, OR OTHER PROFESSIONAL HEALTHCARE ADVICE, OR THE PROVISION OF MEDICAL CARE.

Do I have to grant any licenses to Predict or to other users?

Anything you post, upload, share, store, or otherwise provide through the Solutions and Services is your “User Submission.” You grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent it relates to User Submissions that are also your personally-identifiable information. You hereby grant Predict a royalty-free, perpetual, sublicenseable, irrevocable, and worldwide license to translate, modify and reproduce and otherwise act with respect to such User Submissions in order to operate the Services. This is a license only – your ownership in User Submissions is not affected.

Who is responsible for what I see and do on the Site?

You are responsible for all Content you contribute, in any manner, to the Solutions and Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Solutions and Services. You are responsible for all your activity in connection with the Solutions and Services.

The Services may contain links or connections to third party websites or services that are not owned or controlled by Predict. When you access third party websites or use third party services, you accept that there are risks in doing so, and that Predict is not responsible for such risks. Predict has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Solutions and Services. In addition, Predict will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Solutions and Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.

 

If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims when the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”

 

What if I want to stop using the Services?

You’re free to stop using the Solutions and Services at any time, please refer to our Privacy Policy as well as the licenses and agreements above, to understand how we treat information you provide to us. Predict is also free to terminate (or suspend access to) your use of the Solutions and Services, for any reason in our discretion, including your breach of these Terms. Predict has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

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