Effective: October 1, 2016
This Agreement is in addition to any other agreement you may have with Ceras Health, including any agreement governing the purchase or use of Ceras Health products or services by you or your use of the Services in connection with a Ceras Health customer (“Customer”).
If You DO NOT AGREE or do not wish to be bound by this Agreement, do not access or use the Service, and select the “Not Accept” or similar button during account registration, terminate the download and/or installation process, immediately cease and refrain from accessing or using the Service, and delete any copies You may have. If you DO NOT AGREE to the terms of this Agreement, We will not license the Service to You and You cannot register as an End User.
1.1. Qualified and Permitted User. The Service may only be accessed and used by registered users of the Service and for the term and within the scope of the license granted. You are considered a registered user if (1) you have been provided a user name and password by the Customer or Ceras Health in order to access and use the Services under the supervision of your Provider (defined below); or (2) you have been provided a user and password by the Customer, with which you are employed, affiliated or associated with the Customer, or Ceras Health on behalf of the Customer, and you are an authorized user under the applicable Master Subscription Agreement between Ceras Health and the Customer.
1.2. Age Requirement. THE SERVICE IS AVAILABLE FOR INDIVIDUALS AGED 13 YEARS OR OLDER. USE OF THE SERVICE IS NOT PERMITTED FOR CHILDREN 12 YEARS OF AGE OR YOUNGER. However, you must be at least 18 years of age or older, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register or use the Service. If you are between the ages of 13 and 18, or the applicable legal age in your jurisdiction, you can use the Service only in conjunction with, and under the supervision of, your parent or guardian who has agreed to this Agreement. If you are under the age of 13, you may not use the Service, in compliance with the Children’s Online Privacy Protection Act. If you are the parent or legal guardian of a child under the age of 18, you may use the Service on behalf of such minor child in conjunction with your Providers (defined below). By using the Service on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child and that all references in the Agreement to “You” shall refer to such child or such other individual for whom you have authorization to enter into this Agreement and the Privacy Policies on their behalf, and you in your capacity as the parent or legal guardian of such minor child or as the authorized party of such individual. If you are a parent or legal guardian entering into this Agreement for the benefit of such minor child, please be aware that you are fully responsible for the minor child’s use of the Service, including all financial charges and legal liability that the minor child may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not attempt to access the Service.
2. License Use. Ceras Health grants, and you hereby accept, a nontransferable, nonexclusive, non-sublicensable, royalty-free, revocable license to use the Service on the terms and conditions set forth in this Agreement. Ceras Health reserves all rights in the Service. The terms of this Agreement apply to the Service, including any and all Enhancements, including but not limited to modifications, customizations, revisions, enhancements, improvements, updates, upgrades, new releases or other changes that are released generally by the Company for similarly situated customers of the Service (the “Enhancement(s)”), to the Service, unless they come with separate terms, in which case those terms apply.
The Company licenses use of the Service to you on the basis of this Agreement and subject to any rules or policies applied by any application store provider, such as but not limited to the App Store® or Google Play™, or by incorporated Third Party software providers (“Third Party Rules”
). We do not sell the Service to You. Ceras Health remains the owners of the Service at all times.
2.1. The Company reserves the right to modify and/or change any of the terms and conditions of this Agreement at any time and without prior notice. If Company materially modifies this Agreement it will make reasonable efforts to notify you of the change. For example, the Company may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the Service for the first time after such material changes are made. By continuing to use the Service after the Company has posted a modification of this Agreement, You agree to be bound by the modified Agreement. You can find the latest version of the Agreement at the Ceras Health website: www.cerashealth.com/legal.
2.2. From time to time Enhancements to the Service may be issued through the application store provider or the Service itself. Depending on the update, you may not be able to use the Service until you have downloaded or updated the latest version of the Service and accepted any new terms. However, even if the information or Service are outdated, We are under no obligation to update the Service.
3. License Restrictions. You may not do any of the following on your own, or through any third party, and you may not permit any third party with whom you have a business or personal relationship to do any of the following:
3.1. Provide or make available any features or functionality of the Service to any person or entity;
3.2. Assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Service without first obtaining express written consent from the Company’s legal department;
3.3. Remove, alter, or obscure any proprietary notices, labels, trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Ceras Health website and/or Service;
3.4. Disassemble, decompile, or reverse engineer it, or otherwise attempt to derive the source code for the Service;
3.5. Translate, adapt, arrange, or create derivative works based on, or otherwise modify the Service for any purpose;
3.6. Use the Service in excess of, or in any manner inconsistent with your entitlements;
3.7. Remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protection of the Service; or
3.8. Use the Service for illegal purposes.
If you violate any of these limitations or restrictions, the license will automatically and immediately terminate. Any attempt to violate any of the above restrictions is a violation of the rights of Ceras Health and its licensors and considered a material breach of this Agreement. If you breach this restriction, then you may be subject to prosecution and/or damages.
You acknowledge and agree that, notwithstanding anything to the contrary in this Agreement, no license is granted (whether expressly, by implication, or otherwise) under this Agreement to any materials by Ceras Health that you did not acquire lawfully or that you acquired in violation of or in a manner inconsistent with this Agreement.
4. No Doctor-Patient Relationship. You agree and understand that the Service’s purpose is solely to facilitate communication between your Provider, which may include but is not limited to, healthcare staff, healthcare administrators, and/or a health plan (“Provider(s)”), you, and your Care Team, which may include, but is not limited to, a family member, home health aide, primary care physician, and/or caregiver (“Care Team”). The information provided by Ceras Health, and its employees, contractors, partners, sponsors, licensors, or otherwise is for informational purposes only. In the event you do not understand this information, you agree that it is your responsibility to receive an explanation from your Provider. You acknowledge and agree that you have executed a valid consent agreement with your Provider and that your sole medical relationships are with your Providers. The provision of any such information, and any communications facilitated by Ceras Health do not establish a doctor/patient relationship between you and Ceras Health or between you and any employees, consultants, advisors, or agents of Ceras Health. The Services provided by Ceras Health are solely to assist and are supplemental to the direct oral and written communication of information from your Provider. In no way should the Services be considered a substitute for, nor do the Services replace, professional medical advice, diagnosis, or treatment. You should not disregard, avoid, or delay obtaining medical advice from a qualified health care professional because of something you may have read in a communication or a notification facilitated by Ceras Health. You acknowledge and agree that Ceras Health and the Service (1) does not interface with your pharmacy; (2) does not automatically inform your Provider of your medication information, updates, and/or modifications; (3) are not responsible for transmitting a prescription or fulfilling your prescription with any pharmacy; and (4) the medication management tool included in the Services is for your self-management and reference only. You should not use the Service for emergency medical needs. If you experience a medical emergency, you should call 911. Use of information provided through the Service is solely at your own risk and you expressly waive any claim against Ceras Health for medical malpractice, and you agree that Ceras Health shall not be responsible for damages resulting from your dependence or reliance on the Service or the Third Party Content (defined below).
5. Third Party Content.
5.1. The Service may display, include or make available content, data, communication, messages, information, applications or materials from third parties, including but not limited to your Provider, your Care Team or you, (“Third Party Content”) or provide links to third party web sites. By using the Service, you acknowledge and agree that Ceras Health is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, quality or any other aspect of such Third Party Content or web sites, or for any other materials, products, or services of third parties. Furthermore, you acknowledge and agree that information transmitted by your Provider through the Services is not evaluated for accuracy or propriety for your specific medical condition(s). Furthermore, you acknowledge and understand that the Services are intended to transmit information from your Providers or your Care Team; they are not intended to provide medical advice. Ceras Health does not guarantee the availability, accuracy, completeness, reliability or timeliness of any information provided to you by your Providers.
5.2. You understand that by using the Service, you may encounter Third Party Content that may be deemed offensive, indecent, explicit or otherwise objectionable. Accordingly, you agree to use the Services at your sole risk and that Ceras Health shall not have any liability to you for any Third Party Content that may be found to be offensive, indecent, explicit or otherwise objectionable.
5.3. Third Party Content are not under our control and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgment regarding interaction with Third Party Content, including the purchase and use of any products or services accessible through them.
6. Intellectual Property Ownership and Restriction on Use.
6.1. You acknowledge that the Service, including its structure, content, source code and sequence constitute valuable intellectual property and/or trade secrets of Ceras Health and its suppliers. You shall not provide your password to, or otherwise provide access to the Service to, any other individual.
6.2. Ceras Health shall own and retain all right, title, and interest in and to, excluding Third Party Content, any Company created content, Company created documents, software, know-how, tools, processes, methodology, designs, discoveries, and inventions (whether or not protected, registered or recognized under any statute or regulation), techniques and skills relating thereto developed, created, acquired or otherwise used in its Service. Expect for the rights expressly granted above, this Agreement transfers to you no right, title, or interest in the Services, Company created content, Company created documents, or any copyright, patent, trademark, trade secret, or other intellectual property or proprietary right therein. You hereby assign to Ceras Health all right, title and interest in and to any modifications made to the Service, whether or not such modifications are permitted. You are solely responsible for compliance with any applicable copyright restrictions for Third Party Content obtained from third party licensors.
6.3. Ceras Health will exclusively own all such rights, titles, and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments, defined below. Ceras Health shall own any suggestions, ideas, enhancement requests, feedback, recommendation, content, or other information provided by you (collectively, “Comment”). Such submission or offer of any Comments shall constitute an assignment to Ceras Health of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Ceras Health is and shall be under no obligation to (a) maintain any Comments in confidence; (b) to pay any compensation for any Comments; or (c) respond to any Comment.
6.4 Ceras Health claims no ownership in, nor any affiliation with, third party trademarks or brand names that may appear on this site. Such third party trademarks are used only to identify the products and services of their respective owners, and no sponsorship or endorsement on the part of Ceras Health should be inferred from their use. You are not permitted to use the trademarks displayed in the Service without the prior written consent from the legal department of Ceras Health or the third party that may own the trademarks. You may not republish any part of the Service or Third Party Content made available through the Services on any Internet, Intranet or Extranet website or incorporate the information in any other database or compilation. Any other use of the Service is strictly prohibited.
7. Limitation of Liability and Indemnification.
7.1. Ceras Health, its affiliates and any of its, or their directors, officers, employees, or agents shall not, under any circumstances, be liable for direct, consequential, incidental, indirect, or special damages of any kind or any other damages whatsoever, including, without limitation, those resulting from loss of use, loss of data, loss of profits, and whether resulting from the use or inability of use of any contents of the Service or Third Party Materials (or a website linked to the Service), or any other cause, even if caused by negligence or if Ceras Health has been apprised of the likelihood of such damages occurring. The above limitation, or exclusion, may not apply to you to the extent that applicable law prohibits the limitation or exclusion of liability for incidental or consequential damages. Ceras Health’s total liability to you hereunder shall not, in any event, exceed the amount paid by you, if any, for the Service.
7.2. You acknowledge that the Service has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Service meet your requirements.
7.3. We only supply the Service for personal use. You agree not to use the Service for any commercial or resale purposes.
7.4. Use of and access to the Service is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service without notice. From time to time, we may restrict access to (1) some parts of the Service; (2) the entire Service; or (3) users who have registered with us. We will not be liable if for any reason the Service or Third Party Materials are unavailable at any time or for any period.
7.5. Indemnification. You agree to indemnify, defend and hold Ceras Health and its suppliers, licensors, and the Third Parties harmless any liability, loss, damage, claim and expense, including reasonable attorney’s fees and expenses, related to your violation of this Agreement and your use of the Service or for any claims made against Ceras Health by any Third Party arising from your use of the Service. You agree your indemnification of Ceras Health inures to the benefit of the officers, directors, employees, and agents of Ceras Health, its licensors, and its successors in interest.
8. Disclaimer of Warranties.
CERAS HEALTH HAS NO SPECIAL RELATIONSHIP OR FIDUCIARY DUTY TO YOU. YOU ACKNOWLEDGE THAT CERAS HEALTH SHALL TAKE REASONABLE ACTIONS TO CONTROL WHO GAINS ACCESS TO THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT MESSAGES AND INFORMATION PROVIDED BY YOUR PROVIDER OR CARE TEAM ARE SOLELY BETWEEN YOU, YOUR PROVIDER AND YOUR CARE TEAM. FURTHERMORE, CERAS HEALTH HAS NO CONTROL OVER AND NO DUTY TO MONITOR: (1) WHAT EFFECTS THE CONTENT OF THE SERVICE OR MESSAGES MAY HAVE ON YOU; (2) THE ACCURACY OF THE INFORMATION OR MESSAGES TRANSMITTED THROUGH THE SERVICE; (3) HOW YOU MAY INTERPRET OR USE THE CONTENT ON THE SERVICE; OR (4) WHAT ACTIONS YOU MAY TAKE AS A RESULT OF THE CONTENT ON THE SERVICE, INCLUDING BUT NOT LIMITED TO, THAT CERAS HEALTH IS NOT AND CANNOT BE RESPONSIBLE FOR THE APPROPRIATENESS OF MEDICATIONS FOR YOU AND YOUR CONDITION OR THE FREQUENCY OR METHOD OF USE OF SUCH MEDICATION. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO TAKE ADEQUATE STEPS, IN CONJUNCTION WITH YOUR PROVIDER AND CARETEAM, TO DETERMINE IF THE MEDICATION ON THE SERVICE AND ITS TIMING AND FREQUENCY OF USE HAVE BEEN PROPERLY INPUT INTO THE SERVICE AND IT IS YOU, YOUR CARETEAM AND YOUR PROVIDER’S RESPONSIBILITY TO MONITOR ANY UPDATES TO THE CONTENT OF THE MESSAGES. YOU ACKNOWLEDGE AND AGREE THAT THE SCHEDULING OF THE USE OF MEDICATIONS SHOULD BE MADE WITH YOUR PROVIDER(S), AND THAT THE SCHEDULING AND CALENDARING FEATURES OF THE SERVICE ARE TO BE USED ONLY AS A SUPPLEMENT TO, AND NOT A REPLACEMENT FOR, REGULAR SCHEDULING METHODS FOR MEDICATION USE. CERAS HEALTH IS NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY YOUR PROVIDERS OR BY OTHER USERS OF THE SERVICE OR PROVIDED OR RECEIVED THROUGH THE SERVICE. CERAS HEALTH SHALL MAKE REASONABLE DILIGENCE TO ENSURE THAT MESSAGES ARE TIMELY AND APPROPRIATELY DELIVERED TO YOU THROUGH THE SERVICE, PROVIDED, HOWEVER, THAT CERAS HEALTH CANNOT BE RESPONSIBLE FOR THE AVAILABILITY OF THIRD PARTY NETWORKS, INCLUDING BUT NOT LIMITED TO INTERNET CONNECTIONS. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO BE EDUCATED ABOUT YOUR CONDITION IN CONJUNCTION WITH YOUR PROVIDER. CERAS HEALTH MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING COMMUNICATIONS CONCERNING SERVICES OR PRODUCTS OFFERED OR PURCHASED THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO THE RECOMMENDATIONS FOR THE PURCHASES OF PHARMACEUTICALS, MEDICATIONS, MEDICAL DEVICES AND/OR MEDICAL PROCEDURES.
TO THE EXTENT COUPONS OR DISCOUNT DEALS FOR THE PURCHASE OF MEDICATIONS ARE PROVIDED VIA THE SERVICE, YOU AGREE AND ACKNOWLEDGE THAT SUCH CONTENT IS SOLELY FOR THE PURPOSE OF FACILITATING THE FULFILLMENT OF PRESCRIPTIONS AND THAT NO RECOMMENDATION IS MADE BY CERAS HEALTH REGARDING THE FITNESS OR APPROPRIATENESS OF SUCH MEDICATION FOR YOUR SPECIFIC MEDICAL CONDITION(S). YOU ACKNOWLEDGE AND AGREE THAT THE DECISION REGARDING THE USE OF MEDICATION IS MADE SOLELY BY YOU IN CONSULTATION WITH YOUR PROVIDER(S).
THE SERVICE IS PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” CERAS HEALTH MAKES NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CERAS HEALTH HEREBY DISCLAIMS ALL SUCH WARRANTIES, WITH RESPECT TO THE SERVICE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUALITY OF INFORMATION, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. CERAS HEALTH DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE FOREGOING WILL BE CORRECTED.
THE SERVICES MAY BE PROVIDED WITH THIRD PARTY PLUG-INS OR OTHER THIRD PARTY SOFTWARE, OR THE SERVICE MAY BE PROVIDED AS A PLUG-IN FOR, OR OTHERWISE IN ASSOCIATION WITH, THIRD PARTY SOFTWARE. USE OF ANY SUCH THIRD PARTY SOFTWARE WILL BE GOVERNED BY THE APPLICABLE LICENSE AGREEMENT, IF ANY, WITH SUCH THIRD PARTY. CERAS HEALTH IS NOT RESPONSIBLE FOR ANY THIRD PARTY SOFTWARE OR HARDWARE AND WILL HAVE NO LIABILITY OF ANY KIND FOR YOUR USE OF SUCH THIRD PARTY SOFTWARE OR HARDWARE AND MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO SUCH THIRD PARTY SOFTWARE OR HARDWARE.
COPYING, DOWNLOADING, INSTALLING, UPLOADING, ACCESSING OR USING THE SERVICE EXCEPT AS PERMITTED BY THIS AGREEMENT, IS UNAUTHORIZED AND CONSTITUTES A MATERIAL BREACH OF THIS AGREEMENT AND AN INFRINGEMENT OF THE COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS IN THE SERVICE AND MAY SUBJECT YOU TO LIABILITY FOR DAMAGES OR CRIMINAL PENALTIES.
CERAS HEALTH CANNOT AND SHALL NOT BE LIABLE FOR ANY DEFAULT OR DELAY IN ITS OBLIGATIONS UNDER THIS AGREEMENT IF SUCH DEFAULT OR DELAY IS DUE TO CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF CERAS HEALTH, WHICH SHALL INCLUDE BUT NOT BE LIMITED TO ANY ACT OF GOD, EXTREME WEATHER OR NATURAL DISASTER, FIRE, WAR, TERRORISM, RIOT, CIVIL COMMOTION, MALICIOUS DAMAGE, LEGISLATION, STRIKES OR DISRUPTION TO THE INTERNET (“FORCE MAJEURE”).
9. Term and Termination.
9.1. The term of this Agreement shall automatically commence upon your acceptance of this Agreement and shall continue until the earliest of: (a) the termination or expiration of any period for which your Provider has subscribed for you to use the Service; (b) the termination or expiration of a Master Subscription Agreement entered into by your Provider pursuant to which you are permitted to use the Service; (c) termination of your employment with the Provider or group through which you were provided access to the Service; or (d) termination as otherwise provided herein.
9.2. Ceras Health may terminate this Agreement (a) in the event of a material breach by you, your Provider, or your Care Team of any term or condition of this Agreement, (b) if you breach any of the Privacy Policies, or (c) if we decide in our sole discretion to no longer support the Service, upon prior written notice (which may be provided via e-mail to the e-mail address provided by you during registration), except in the case of a breach of Section 2 or Section 5 hereof, in which case Ceras Health may terminate this Agreement immediately upon written notice.
9.3. Upon Termination, all rights granted to you under this Agreement shall immediately cease; You must immediately cease all activities authorized by the Agreement, including your use of the Service; and you must immediately delete or remove the Service from all devices, and immediately destroy all copies of the Service, if any, then in your possession, custody or control. We will delete your user account and any data which you uploaded to the Service, subject to the Privacy Policies.
10.1. Governing Law and Jurisdiction. By accessing the Service, you and Ceras Health agree that all matters relating to your access to, or use of, the Service shall be governed by the statutes and laws of the State of California, without regard to its conflicts of laws principles. You and Ceras Health also agree, and submit to the exclusive personal jurisdiction and venue of the courts of the State of California with respect to such matters.
10.2. Territory. The Software and Services are intended only for use in the United States of America. Ceras Health makes no representation or warranty that such Services are appropriate or available for use within other jurisdictions. To the extent to which you chose to use such services, after consultation with your Provider, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Ceras Health reserves the right to change, suspend, remove, or disable access to the Service at any time without notice.
10.4. Survival and Severability. If Company chooses to discontinue the Service, or your use thereof, or you choose to discontinue your use of the Service, then this Agreement and your right to use the Service terminates. Notwithstanding any other provision of this Agreement, the following provisions of this Agreement, Section 6, Section 7, Section 8, and Section 10, and all other provisions necessary to their interpretation or enforcement, will survive indefinitely after the expiration or termination of this Agreement and will remain in full force and effect and be binding upon the Parties as applicable. If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable or invalid for any reason, then that provision will be deemed to be severed from this Agreement and the remaining provisions will continue in full force and effect without being impaired or invalidated in any way, unless as a result of any such severance this Agreement would fail in its essential purpose.
10.5. Waiver. No term or provision of this Agreement will be considered waived, and no breach excused, unless such waiver is in writing signed on behalf of the party against which the waiver is asserted. No waiver (whether express or implied) will constitute consent to, waiver of, or excuse of any other, different, or subsequent breach.
10.6. Communication and Notice. If You have any questions regarding this Agreement or if any condition of this Agreement requires you to give the Company notice in writing, then please contact the Legal Department of Ceras Health by using the following contact information:
Ceras Health, Inc.
ATTN: Legal Department
1140 Avenue of the Americas, 21st Floor
New York, New York 10036
If we have to contact you or give you notice in writing, we will do so by email to the address you provided to us or your Provider when creating your personal user account necessary for the Service.
10.7. The Service may be subject to the import and export laws of various jurisdictions, including the United States. You are solely responsible for ensuring compliance with all foreign and domestic export and import laws and regulations.
10.8. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to this Agreement must be filed within one (1) year after the claim or cause of action arose.
10.9. This Agreement may be accepted in electronic form (e.g., by an electronic or other means of demonstrating assent) and your acceptance will be deemed binding between you and Ceras Health. Neither you nor Ceras Health will contest the validity or enforceability of this Agreement, including under any applicable statute of frauds, because it was accepted or signed in electronic form. Electronically maintained records when produced in hard copy shall constitute business records and shall have the same validity as any other generally recognized business records.
This Agreement has been entered into on the date you click the “Accept” or similar button during registration.
Ceras Health, Inc. f/k/a Self Health Network Inc. (“Ceras Health”) is committed to protecting the privacy of individuals who use our online and/or mobile I’M HOME!® software as a service application and related applications and services (collectively, the “Service(s)”), and from whom we collect personal information through other means. We are committed to responding to your questions or concerns regarding the privacy of your personal information as it relates to our Services in a timely manner. Please read this Policy carefully to understand the Ceras Health® policies and practices.
When you use the Services or provide personal information to us through other means, you consent to the use of your information as described in this Policy. If you do not agree to the terms of this Policy, please do not use the Services. Your continued use of the Services following the posting of changes to these terms will mean that you accept those changes.
Ceras Health will not sell, rent, license, or trade your personal information with third parties for their own direct marketing use unless we receive your express consent to do so. Ceras Health may share your Personal Information in the following ways:
A web beacon is an electronic image (also referred to as an “action tag,” “single-pixel,” “clear-pixel,” or “clear GIF”) that is commonly used to track the traffic patterns of users from one web page to another in order to maximize web traffic flow and to otherwise analyze the effectiveness of websites. Some of the Service’s web pages may use web beacons in conjunction with cookies to compile aggregate statistics about website usage. Some web beacons may be unusable if you elect to reject their associated cookies.
Some Internet browsers include the ability to transmit “Do Not Track” signals. Since uniform standards for “Do Not Track” signals have not yet been adopted, Ceras Health does not process or respond to “Do Not Track” signals.
Ceras Health is committed to ensuring the security of your personal information. Ceras Health implements industry standard physical, technical, and administrative security measures and safeguards to protect the confidentiality and security of your Personal Information. Please note, however, that while Ceras Health has endeavored to create a secure and reliable Service for users, we cannot guarantee, ensure or warrant the security or confidentiality of any information transmitted to/from the Services cannot be guaranteed. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or administrative safeguards. It is your responsibility to protect the security of your login information.
You may update, delete or correct your information at any time through the Services or by contacting us. When contacting us, you may be asked to verify your identity. We may limit or deny your request if we are unable to verify your identity, if it involves disclosure of confidential or sensitive information, or is otherwise permitted under applicable law.
We will retain your information for as long as your account is active, as needed to provide you the Services, or as required under HIPAA and other applicable privacy and security laws. If you wish to request that we no longer use your information to provide you Services, contact us. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements.
USE OF THE SERVICES IS NOT PERMITTED FOR CHILDREN 12 YEARS OF AGE OR YOUNGER. The Services are not designed for, or intentionally targeted at, children 12 years of age or younger. It is not our policy to intentionally collect or maintain information about anyone under the age of 13. Use of the Services by minors aged 13-18 is by agreement of the minor’s parent or legal guardian. Any user age 13-18 must have his or her parent or legal guardian agree to the terms of this Policy. By accessing the Services you acknowledge that you are 18 years or older or, if not, that you are at least 13 years old and your parent or legal guardian have read and agreed to the terms of this Policy. If you believe we have collected personal information from a child under the age of 13, please contact us at: firstname.lastname@example.org.
Ceras Health is committed to both safeguarding your Personal Information and complying with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the Health Information Technology for Economic and Clinical Health Act of 2009 (“HITECH”), the Omnibus regulations promulgating Standards for Privacy of Individually Identifiable Health Information and Security Standards for the Protection of Electronic Protected Health Information promulgated thereto and other applicable privacy and security laws. If the Service contains your PHI, it will be maintained in accordance with applicable law unless and until it is no longer PHI, or until such time as you authorize otherwise.
Ceras Health Customer’s, who are health care providers, are obligated to protect the privacy and security of your medical information in accordance with HIPAA and other applicable laws. Ceras Health may be a “business associate” of its Customers (as such term is specifically defined under HIPAA) and has privacy and security obligations under HIPAA and the terms of its “business associate agreements” (“BAA(s)”) with such Customers. Ceras Health will not use or disclose your PHI, except as permitted by HIPAA and pursuant to the terms of our BAAs. We may use or disclose PHI to provide the Service to you or the Provider. We may also use PHI for our proper management and administration or to carry out our legal responsibilities. For more information about how your Provider may use and disclose your PHI under HIPAA, as assisted by Ceras Health, please review your Provider’s notice of privacy practices.
If we make any material changes to this Policy, we will notify you by email or by posting a prominent notice in the Services prior to the change becoming effective. Small changes or changes that do not significantly affect individual privacy interests may be made at any time and without prior notice. We display a version number and a date on the policy in the upper left corner of this Policy so that it will be easier for you to know when there has been a change. We encourage you to review this page periodically for the latest information on our privacy practices. Your continued use of the Service constitutes your agreement to be bound by such changes to this Policy. Your only remedy, if you do not accept the terms of this Policy, is to discontinue use of the Service.
1140 Avenue of the Americas, 21st Floor
New York, New York 10036
Or you may email us at: