By continuing to use the Website and/or Application, You agree as follows:
If You do not agree with and accept the terms, please discontinue all further use of the Website and Application. Do not continue the installation process and immediately delete all installed files, if any, of the Application from Your device.
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND PRECISION MEDICAL PRODUCTS, INC. WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU CAN OPT OUT OF THE AGREEMENT TO ARBITRATE BY CONTACTING DVT@GETPREVENT.COM WITHIN 30 DAYS OF ACCEPTING THESE TERMS.
Effective: May 2020
Last Updated: May 2020
NOTICE TO PATIENTS: IN THE CASE OF DEEP-VEIN THROMBOSIS (DVT), THE CIRCUL8 IS USED AS A POTENTIAL PREVENTIVE MEASURE TO MAKE SURE YOU ARE COMPLYING WITH YOUR PRESCRIBED RECOVERY PLAN AND TO IDENTIFY FACTORS THAT MAY INDICATE AN OCCURRENCE OF DVT. NEITHER THE APP NOR THE CIRCUL8 CAN BE USED, HOWEVER, TO INDEPENDENTLY DIAGNOSE OR IDENTIFY DVT AND DOES NOT GUARANTEE YOU WILL NOT DEVELOP DVT.
Notice to Healthcare Providers:
All organizations authorized to access and use the App are required to enter into a Business Associate Agreement (“BAA”) with PMP in accordance with the Health Insurance Portability and Accountability Act (“HIPAA”). YOU MAY NOT USE THE APP UNTIL YOUR ORGANIZATION HAS ENTERED INTO A BAA WITH PMP.
The App and Circul8 are intended to provide a convenient platform for (1) patients to use to track certain data in real time and communicate that information to their healthcare provider(s), and (2) providers to use to proactively track and analyze their patients’ health condition(s) through pertinent health data and outcomes. It is not intended for use by healthcare providers or patients for continuous patient monitoring in such a way that would allow immediate clinical action in an emergency situation.
The Circul8 is a prescription-only tubeless, cordless, Bluetooth enabled sequential compression system intended to be used to prevent Deep Vein Thrombosis. The Circul8 is intended to be used only as directed by a healthcare provider.
We do NOT provide medical advice
THE APP CANNOT AND IS NOT DESIGNED, INTENDED, OR APPROPRIATE TO REPLACE THE RELATIONSHIP BETWEEN HEALTH CARE PROFESSIONALS AND PATIENTS OR TO ADDRESS SERIOUS, EMERGENT, OR LIFE-THREATENING MEDICAL CONDITIONS AND SHOULD NOT BE USED IN THOSE CIRCUMSTANCES.
PATIENTS: If at any time You are concerned about Your care or treatment, or You believe or suspect or someone else advises You that You have a serious or life-threatening condition, call 9-1-1 in areas where that service is available, or go to the nearest emergency room.
Any medical advice provided by a provider and/or clinician using information from the App is based on the personal health data a patient provides. If You do not provide complete and accurate personal health information, the medical advice You receive may not be accurate or appropriate. Questions and information collected through the App are designed for informational and/or research purposes and to identify potential patterns in symptomologies and treatments; the App and/or any data derived from the App are in no way intended to replace the independent clinical judgment of a qualified healthcare professional.
FURTHER, A PROVIDER’S OR RESEARCHER’S USE OF OUR APPLICATION IS NOT AN ENDORSEMENT OR RECOMMENDATION OF SUCH PROVIDER OR RESEARCHER BY US. THE MEDICAL ADVICE PROVIDED TO YOU BY YOUR HEALTHCARE PROVIDER OR ANY OTHER PROFESSIONAL IS NOT UNDER OUR CONTROL, NOR DO WE PROVIDE IT TO YOU OR USE IT.
We do not confirm the credentials of any healthcare professional using the App. We do not validate that any such persons are in good standing with their respective licensure board(s) or that they are using the App in accordance with laws applicable to the practice of medicine. It is YOUR responsibility to separately confirm that a healthcare provider is in good standing with his or her respective licensing board(s) and to exercise whatever other due diligence You feel appropriate in selecting and maintaining Your choice of healthcare professionals.
General information available through the App about medical conditions, symptomatology, available drugs, treatment options, or other general information such as educational articles and videos is provided for general educational purposes only. Never disregard, avoid, or delay in obtaining medical advice from a physician or other qualified healthcare professional because of something contained in the App. If You have or suspect that You have an urgent medical problem or condition, please contact a qualified healthcare professional immediately.
We are NOT an insurance billing company
While we provide a convenient platform for healthcare providers to track information that may allow them to provide certain services that may or may not be reimbursable by federal or state health insurance payors, we are not billing experts and any information provided to you with respect to billing is for informational purposes only and should not be relied upon or construed to guarantee reimbursement of any services.
You must register to create an account (“User Account”) and become a “Registered User” to use the App. To register, You must create a username and provide Your name, Your email address, and other information specified in the registration form (“Registration Data”). You may change or correct information in Your account by contacting PMP at DVT@getprevent.com. You agree not to register for a User Account on behalf of an individual other than Yourself unless You are legally authorized to bind such person to these Terms. By registering another person, You hereby represent that You are legally authorized to do so.
By registering for an account and using the App, You represent and warrant:
NOTE: THIS AGREEMENT IS VOID WHERE PROHIBITED BY LAW. DO NOT USE THE APP WHERE PROHIBITED BY LAW. YOU UNDERSTAND THAT YOUR USE OF THE APP MAY INVOLVE OR REQUIRE THE TRANSMISSION OF SIGNIFICANT AMOUNTS OF DATA. YOU ARE RESPONSIBLE FOR ALL DATA CHARGES THAT MAY BE CHARGED BY YOUR WIRELESS CARRIER OR INTERNET SERVICE PROVIDER OR THAT MAY OTHERWISE ARISE FROM YOUR USE OF THE APP.
With the exception of the Arbitration Agreement included at the end of these Terms, PMP reserves the right to change or modify these Terms at any time without prior notice to You.
If we materially change or modify these Terms, we will let You know by (1) posting a new version to the App; and/or (2) posting a change notice on our Website and/or Application. If You continue to use the App after we have let You know that we have made material changes, You agree to be bound by the modified Terms. If You do not accept the changes, You should immediately stop using the App and delete all files associated with the App on Your computer and/or mobile device.
PMP owns the App and all materials You access through the App or Website. Subject to Your compliance with these Terms, PMP grants You a non-exclusive, non-sublicensable, revocable, non-transferable license to use the App through the Website or by downloading and installing the Application. THE APP IS FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY. You may not use the App for any other purpose than what is allowed under these Terms without PMP’s express written permission.
You may not use PMP’s name, trademarks, service marks, or logos, or those of third parties appearing on the App in any advertising or publicity or to otherwise indicate PMP’s or such third party’s sponsorship or affiliation with any product or service without express written permission from PMP or such third party.
App Store & Google Play
If you downloaded the Application from the Apple App Store or Google Play (the “App Provider”), by agreeing to this Agreement, you acknowledge that you understand and agree to the following:
Apple users only: If you downloaded the Applications from the App Store, the license granted to you in this Agreement is non-transferable and is for use of the Applications on any Apple products that You own or control.
PMP imposes certain restrictions on Your use of the App. While using the App, You shall not:
PMP is not obligated to monitor Your use of the App, but We may do so to ensure Your compliance with these Terms, and/or to respond to law enforcement or other government agencies if and when we are required to. PMP reserves the right to suspend or terminate Your use of the App without notice to You if You partake in any of the prohibited uses described above.
The App is designed to require users to create a username and password to access and use the App. Your username and password are, collectively, Your “User Credentials.” You are solely responsible for (A) maintaining the strict confidentiality of Your User Credentials, (B) not allowing another person to use Your User Credentials to access the App, (C) any and all damages or losses that may be incurred or suffered as a result of any activities that occur under Your User Credentials, regardless of whether You were aware of those activities. You agree to immediately notify PMP in writing by email of any unauthorized use of Your User Credentials or any other compromise of the security of Your User Account.
PMP IS NOT AND SHALL NOT BE LIABLE FOR ANY HARM ARISING FROM OR RELATING TO THE THEFT OF YOUR USER CREDENTIALS AND/OR ANY RESULTING ACCESS TO YOUR PERSONAL DATA, YOUR DISCLOSURE OF YOUR USER CREDENTIALS, OR THE USE OF YOUR USER CREDENTIALS BY ANOTHER PERSON OR ENTITY REGARDLESS OF WHETHER YOU WERE AWARE OF SUCH USE.
We are not responsible for nor liable to You or any third party for a third party’s treatment of Personal Data, including any collection, use, disclosure, storage, loss, theft or misuse of Personal Data, whether or not such treatment violates applicable law.
You are responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment (collectively, "Systems") necessary for You to access and use the App. This includes, without limitation, obtaining Internet services, using up to date web-browsers and the best commercially available encryption, antivirus, anti-spyware, and internet security software. You are responsible for the data security of the Systems used to access the App and for the transmission and receipt of information using such Systems. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or Your Systems.
THERE ARE ALWAYS CERTAIN SECURITY AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET, AND YOU EXPRESSLY ASSUME SUCH RISKS.
In using the App, You may receive periodic email communications regarding the App, new product offers and information regarding the App, which are part of the App and which You cannot opt out of receiving.
YOU AGREE THAT PMP WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, APPLICATION, INFORMATION, RESOURCES, AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES 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 in the App to any product, service, publication, institution, organization of any third-party entity, or individual does not constitute or imply PMP’s endorsement or recommendation.
You represent and warrant that Your use of the App will be in accordance with these Terms and all applicable laws, regulations, rules, and PMP policies and procedures. Specifically, YOU REPRESENT AND WARRANT THAT YOU ARE LEGALLY AUTHORIZED TO SHARE PERSONAL DATA WITH US.
THE APP IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, PMP EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. PMP MAKES NO WARRANTY THAT THE APP WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. PMP MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, APPLICATION, OR MATERIALS ACCESSED OR PURCHASED THROUGH THE APPLICATION OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APP.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PMP OR THROUGH THE APPLICATION OR MATERIALS, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH THE APP AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE APP, INCLUDING, WITHOUT LIMITATION, PATIENTS, PROVIDERS, CLINICIANS/CAREGIVERS, OR AUTHORIZED THIRD PARTIES. YOU UNDERSTAND THAT PMP DOES NOT TAKE RESPONSIBILITY FOR SCREENING OR INQUIRY INTO THE BACKGROUND OF ANY USERS OF THE APP, INCLUDING, WITHOUT LIMITATION, PROVIDERS AND/OR CLINICIANS/CAREGIVERS, NOR DOES PMP VERIFY OR TAKE RESPONSIBILITY FOR THE STATEMENTS OF ANY SUCH USERS OF THE APP. PMP MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE APP, INCLUDING, WITHOUT LIMITATION, PROVIDERS AND/OR CLINICIANS/CAREGIVERS.
PMP CANNOT ALWAYS FORESEE OR ANTICIPATE TECHNICAL OR OTHER DIFFICULTIES THAT MAY RESULT IN FAILURE TO OBTAIN DATA OR LOSS OF DATA, PERSONALIZATION SETTINGS, OR OTHER SERVICE INTERRUPTIONS. PMP CANNOT ASSUME RESPONSIBILITY FOR THE TIMELINESS, ACCURACY, DELETION, NON-DELIVERY OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS, OR PERSONALIZATION SETTINGS. IT IS YOUR RESPONSIBILITY TO BACKUP ANY INFORMATION YOU ENTER INTO PMP.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE APP REMAINS WITH YOU. NEITHER PMP NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE APP WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR APPLICATIONS, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE APP, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE APP OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PMP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED IN MEETING ITS ESSENTIAL PURPOSE.
IF YOU ARE DISSATISFIED WITH THE APP OR THESE TERMS, YOUR ONLY REMEDY IS TO DISCONTINUE USING THE APP. YOU ACKNOWLEDGE THAT IF YOU USE THE APP DURING OR IN RELATION TO AN EMERGENT, SERIOUS, OR LIFE-THREATENING CONDITION, SUCH USE IS AT YOUR SOLE RISK. PMP IS NOT LIABLE TO YOU OR ANY PERSON FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON INFORMATION INCLUDED IN THE APP. PMP IS NOT LIABLE TO ANY USER OR PERSON FOR ANY HARM CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF ANY PROVIDERS OR CLINICIANS/CAREGIVERS, WHETHER OR NOT RELYING UPON INFORMATION COLLECTED, GENERATED, OR STORED VIA THE APP. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, PMP’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00. ANY CLAIM ARISING FROM THE USAGE OF THE APP MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE OCCURRENCE OF THE EVENT FROM WHICH THE CLAIM AROSE.
You agree to indemnify, defend and hold harmless PMP, its clients, and its suppliers and their respective afﬁliates, employees, ofﬁcers, directors, agents, servants and representatives of each from any liability, loss, claim, suit, damage, and expense (including reasonable attorneys' fees and expenses) arising out of or in any way connected with Your access to or use of App, Your violation of these Terms or any negligent or wrongful conduct by You or related to Your account by You or any other person accessing the App through Your account, regardless of whether You were aware of such use.
We welcome and encourage You to provide feedback, comments, and suggestions for improvements to the App (“Feedback”). You may submit Feedback by e-mailing Us at firstname.lastname@example.org. You acknowledge and agree that if You submit any Feedback to Us, You hereby grant to Us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable license under any and all intellectual property rights that You own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.
If You breach any of these Terms, we may suspend or disable Your account or terminate Your access to the App without prior notice to You. There may be other instances where We may need to terminate Your access to the App that are not related to any of Your actions or inactions. We reserve the right to terminate Your access to and use of the App and materials at any time, with or without cause.
If You wish to terminate Your account, please contact PMP at email@example.com, immediately discontinue Your use of the App, and delete all files associated with the App from Your computer or mobile device.
You agree that any dispute between You and PMP arising out of or relating to these Terms will be governed by the dispute resolution procedure outlined below. We want to address Your concerns without needing a formal legal case, so We have included a tiered dispute resolution process. This Arbitration Agreement section may be modified by written agreement between You and PMP.
Before filing a claim against PMP, You agree to try to resolve the dispute informally by contacting firstname.lastname@example.org. We will try to resolve the dispute informally by contacting You through email. If a dispute is not resolved within 15 days after submission, You may bring a formal proceeding, as outlined below.
In the event of any controversy or claim arising out of or relating to these Terms or a breach of these Terms, You must first attempt to settle the dispute with non-binding mediation through the American Health Lawyers Association (“AHLA”).
You shall, in writing, join PMP in a joint demand for mediation and afterward jointly select a suitable mediator from the AHLA roster. If You and PMP cannot agree upon a mediator, the AHLA shall designate one. The mediation will be conducted according to the AHLA’s Agreement to Mediate. The findings, conclusions, and recommendations of the mediator shall be non-binding, confidential, and inadmissible in arbitration or any other subsequent proceeding. Either You or PMP shall have the right to bypass mediation and/or reject the Mediator’s findings, conclusions, and recommendations. In which event, all claims and disputes shall be exclusively, fully, and finally resolved using binding arbitration through the AHLA. You and PMP agree to employ three (3) arbitrators (the “Panel”), where one arbitrator (1) is selected by You, one (1) is selected by PMP, and the third (3rd) is selected by mutual consent of You and PMP. If You and PMP cannot agree upon the third arbitrator, the first two (2) arbitrators chosen shall select the third arbitrator. The selection decision shall be binding.
The arbitration shall be conducted by telephone, online, and/or be solely based on written submissions—the specific manner to be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. Any judgment on the award rendered by the Panel may be entered in any court of competent jurisdiction.
You and PMP shall each pay 50% of all mediator and/or arbitrator costs, expenses, and fees incurred in connection with mediating and/or arbitrating under these Terms.
Any claim or dispute arising under these Terms must be initiated for mediation and/or arbitration within two (2) years from its accrual date. Any claim or dispute initiated two (2) years or longer from its accrual date shall be time-barred and dismissed.
Exceptions to Agreement to Arbitrate: PMP may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the App or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in the informal dispute-resolution process described above.
Notwithstanding the above, You can decline or “opt out” of the alternative dispute resolution process described above by contacting email@example.com within 30 days of first accepting these Terms and stating that You (first and last name) decline this dispute resolution process.
If You opt-out of the dispute resolution process described in this section, or if any matter is otherwise determined not to be subject to such dispute resolution process, You hereby submit to the exclusive jurisdiction of any state or federal court sitting in the State of California within twenty-five (25) miles of Rocklin, California in any legal proceeding arising out of or relating to these Terms. You agree that any and all claims and matters arising out of these Terms, unless subject to the dispute resolution process described above, may be heard and determined in any such court, and You hereby waive any right to object to such filing on grounds of improper venue, forum non-conveniens, or other venue-related grounds, unless such objection asserts that the claim or matter in dispute is subject to determination through the dispute resolution process described above.
These Terms shall be governed by the laws of the State of California without reference to its conflict of laws provisions.
You may not assign or transfer these Terms, by operation of law or otherwise, without PMP’s prior written consent. Any attempt by You to assign or transfer these Terms, without such consent, will be null and of no effect. PMP may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by PMP via email (in each case to the address that You provide); and/or (ii) by posting to the App. For notices made by email, the notice will be effective as of the date the notice is first transmitted.
The failure of PMP to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of PMP. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If, for any reason, a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Precision Medical Products, Inc.
2217 Plaza Dr.
Rocklin, CA 95765
DATA SECURITY OFFICER:
Precision Medical Products, Inc.
Chief Technology Officer
2217 Plaza Dr.
Rocklin, CA 95765