Uneo  Terms of Use Agreement

Welcome to  Uneo.one, Uneohealth.com, and the Uneo Platform . These websites are operated by  Uneo, Inc.  (“ we,” “us,” “our,”  or “Uneo”). The following terms and conditions (together with any documents referred to in them) (collectively, “Terms”) govern your use of our websites, other service, the Uneo Platform or any mobile application we develop utilizing the tools from the website (collectively, “Websites”).

Your use of our Websites means that you accept and agree to be legally bound by these Terms and our Privacy Policy, which is incorporated herein and made part of these Terms by reference. By clicking “I agree” or by accessing and/or using the Websites or related services, you agree to be bound by these Terms (which include our Privacy Policy). If you do not agree to these Terms, you may not access or use the Websites or Content, as defined below, or any related services and you must immediately cease accessing and using the Websites, Content, and related services.  

We may revise and update these Terms from time to time in our sole discretion and without notice to you. Your continued use of our Websites, or any other service provided through the Websites, means that you accept and agree to the modified Terms. You may refer to the most current version of these Terms at any time by returning to this web page or section of the Websites.

I.Use of the Websites. 

A. WE DO NOT PROVIDE MEDICAL, HEALTHCARE OR MENTAL HEALTH ADVICE OR TREATMENT. The Websites do not provide medical, healthcare or mental health advice or treatment. If you think you have a medical emergency, call your health care provider or 911 immediately. 

B.You should not rely on the information provided on the Websites as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. The Websites are provided for information purposes only and are not intended to and do not substitute for consulting a medical or mental health professional. Uneo does not review, edit, or validate Content, as defined herein, for any purpose. You are encouraged to seek professional medical diagnosis and treatment for any medical or mental health condition and to discuss information about or from the Websites with your healthcare provider. 

C.You acknowledge and agree that the Websites do not provide an exhaustive list of Community-Based Organizations, Healthcare Providers, Health Plans or other community members that may be relevant to you, and Uneo makes no representations or warranties with respect to the information found on the Websites or the completeness, accuracy, or timeliness of the information of which you are made aware or matched with through using the Websites.

D.Use of the information provided on the Websites is solely at your own risk. Nothing stated or posted on the Websites is intended to be, and must not be understood to be, the practice of medicine or the provision of medical care. We do not recommend or endorse any specific tests, trials, studies, protocols, treatments, drugs, physicians, sponsors, procedures, opinions, products, or other information that may appear on the Websites, including on links reached through the Websites. Advances in medical knowledge, frequent updates, and differences of opinion among medical authorities warrant that you confirm information on the Websites with your healthcare provider. 

II.License/Intellectual Property 

A.You are granted a personal, non-exclusive, non-transferable, revocable license to access, view, download for caching purposes only, and print pages from the Websites for your own personal, non-commercial use, pursuant to the restrictions in these Terms. As a condition of your use of the Websites, you warrant that you will not use the Websites for any commercial purpose or any purpose that is unlawful or prohibited by these Terms. You may not use the Websites in any manner which could damage, disable, overburden, or impair the Websites or interfere with any other party’s use and enjoyment of the Websites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Websites. Uneo reserves the right to discontinue all or part of the Websites or the foregoing license grant with or without notice at any time.

B.All content included as part of the Websites, including but not limited to documents, text, graphics, photos, images, audio or video files, trademarks, trade names, logos, software, algorithms, location data, all other forms of data or communication, as well as the compilation of such content and the general “look and feel” of the Websites (collectively, “Content”) is owned by Uneo, its affiliates, or its third-party licensors, and is protected by United States and international copyright and trademark laws. You acknowledge and agree that Uneo or its licensors own all right, title, and interest in and to the Websites and you do not acquire any ownership rights in the Websites or the Content. “Uneo”, and other trademarks and product names used on the Websites are trademarks owned by Uneo or its affiliates, or licensees, unless otherwise indicated. All names, logos and trademarks may not be used or reproduced, in any manner, without the prior written permission of their owner. We cannot guarantee that you have any right to use third-party owned Content that is available on the Websites and you must obtain permission from the third-party owner before using or downloading such Content. 

C.Except for the limited permission set out above, nothing on the Websites or in these Terms should be construed as granting any other right or license. Without limiting the foregoing, you may not:


 


 


 


 


 


 


 


 


 

You agree that Uneo, in its sole discretion, may terminate or restrict your use or access to the Websites or any part thereof for any reason, including, without limitation, that Uneo believes you have violated or acted inconsistently with these Terms. We do not grant you any licenses, express or implied, to our intellectual property or our licensors’ except as expressly authorized by these Terms.

III.User Content on the Websites

A.To the extent the Websites allow you to comment or otherwise post content, including journaling activities, on the Website (“User Content”), you may not post User Content that: 

B.By posting User Content on the Websites, you are granting us a perpetual, non-exclusive, worldwide, full paid-up and royalty-free, fully assignable, transferable, irrevocable and sub-licensable license to Uneo, its affiliates, to use, copy, perform, and display publicly, distribute, and prepare derivative works based on User Content, in whole or in part, throughout the universe in any form, format, or medium now or hereafter known. By posting User Content on the Websites, you represent and warrant that the posting of your User Content does not violate these Terms or applicable laws.

C.You represent and warrant that your User Content will not contain Individually Identifiable Health Information or Protected Health Information, as such terms are defined under the Health Information Portability and Accountability Act of 1996, including, without limitation, its implementing regulations (“HIPAA”) or any applicable state laws or regulations. You agree that your user content shall not be identifiable to any individual, consistent with the HIPAA privacy rule standards set forth in 45 C.F.R. §164.514(b). In addition to removing any specific identifying information from your User Content, you represent and warrant that you do not have actual knowledge that the remaining data could be used alone or in combination with any other information to identify any individual, including yourself. In the event your User Content contains any Individually Identifiable Health Information or Protected Health Information inadvertently, you must immediately notify Uneo, remove the Individually Identifiable Health Information or Protected Health Information from your User Content, and indemnify Uneo for any costs or expenses arising therefrom. You agree that Uneo is not responsible for auditing or verifying that your User Content meets the requirements of this provision.

D.Uneo  does not and shall not have any obligation to review User Content, and therefore we do not guarantee the accuracy, integrity, or quality of User Content and we cannot assure you that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful, or otherwise objectionable User Content will not appear on the Websites. We do, however, reserve the right to review any or all User Content in our sole discretion. In addition, we reserve the right to alter, edit or remove any User Content, in whole or in part, at our sole discretion and without notice. UNDER NO CIRCUMSTANCES SHALL UNEO OR ITS AFFILIATES BE LIABLE IN ANY WAY FOR ANY USER CONTENT POSTED ON OR MADE AVAILABLE THROUGH THE WEBSITES. We do not control, have no obligation to monitor, and are not responsible for what users post and are not responsible for any offensive, inappropriate, obscene, unlawful, infringing or otherwise objectionable or illegal User Content on the Websites. 

E. Digital Millennium Copyright Act Policy. Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“ DMCA”). If you believe that any content on the Websites infringes on the intellectual property of a third party, you may submit a claim to Uneo’ Designated Copyright Agent at: info@uneohealth. To submit a claim, you must identify your full name, mailing address, and phone number, a description of or link to the copyrighted work that has been infringed, a description of or link to the Content on the Websites that infringes upon the copyright, and the following statements:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).” 

“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

The claim must be signed electronically. You may not submit a copyright claim on behalf of another individual or organization with which you have no affiliation. 

[NOTE: As of December 1, 2016, you are required to designate an agent to receive notifications of claimed infringement and maintain the designated contact information both on your website and at the Copyright Office. This designation must be updated as necessary and renewed with the Copyright Office every three years.]

IV.Third Party Content

A.Any Content made available on the Websites, including any recommendations, statements and opinions whether provided by us or any other user, is for general information purposes only. Uneo does not guarantee, and does not and is not obligated to verify, authenticate, monitor or edit information input into or stored in the Websites for completeness, integrity, quality, accuracy, or otherwise. 

B.The Websites may contain Content provided by third parties not affiliated with Uneo, including physicians and other healthcare providers, community-based organizations, hospitals, health plans, wellness device vendors and pharmaceutical companies (“Sponsors”). The Content provided by Sponsors is the property of the Sponsors, who have provided a license to Uneo to display the information, and is not guaranteed, endorsed, or adopted by Uneo. Sponsors may pay a fee or other consideration to Uneo for providing their Content unless otherwise indicated at the location where the Sponsor Content is posted. The Content does not take into account your specific circumstances and any reliance you place on the Information is at your own risk. 

V.Links to Other Websites and Connecting through Social Media.  The Websites may contain hyperlinks to websites operated by third parties. We do not control such websites and will not be responsible for their content or for any breach  of contract or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay or injury to you or your companions. Inclusion of any linked website on the Websites does not imply or constitute approval or endorsement of the linked website by us. If you decide to leave the Websites to access these third-party sites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of websites operated by third parties will apply to you while on such sites. We are not responsible for information provided by you to third parties.

VI.Indemnification.  You agree to indemnify, defend and hold harmless Uneo, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Websites, any claim that Content violates the intellectual property rights of a third party, your violation of these Terms, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

VII.Electronic Communications.  Visiting the Websites, using the Websites, or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Websites, satisfy any legal requirement that such communications be in writing. To opt out of receiving marketing emails from us follow the “unsubscribe” link on the email to change your user preferences. There are certain system-generated and legal notices that you cannot opt out of without deactivating your account. 

VIII.Websites Access, Security and Restrictions, Passwords.

A.You are prohibited from violating or attempting to violate the security of the Websites, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Websites or any portion thereof without authorization, in violation of these Terms or in violation of applicable law. You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Websites, deep-link to any feature or content on the Websites, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Websites. Violations of system or network security may result in civil or criminal liability. Uneo will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Websites or any activity being conducted on the Websites.

B.In the event access to the Websites or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as authorized you by Uneo. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Websites may be revoked by Uneo at any time with or without cause and without notice to you. 

IX.Disclaimer and Limitation of Liability 

A.UNEO  AND/OR ITS AFFILIATES AND SPONSORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS OR ACCURACY OF THE WEBSITES OR ANY CONTENT, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITES FOR ANY PURPOSE. To the maximum extent permitted by applicable law, all such information, Content, software, products, services and related graphics are provide “as is” without warranty or condition of any kind.  Uneo   and/or its suppliers hereby disclaim all warranties and conditions with regard to the Websites and related information, Content, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

B.Uneo cannot and does not guarantee or warrant that files available for downloading from the internet or the Websites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Websites for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, ransomware, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Websites or any services or Content obtained through the Websites or to your downloading of any content posted on it, or on any service linked to it.

C.YOUR USE OF THE WEBSITES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES IS AT YOUR OWN RISK. The Websites, their Content and any services or items obtained through the Websites are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither Uneo nor its affiliates makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Websites. Without limiting the foregoing, neither Uneo nor its affiliates represents or warrants that the Websites, their Content or any services or items obtained through the Websites will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, or that the Websites or any services or items obtained through the Websites will otherwise meet your needs or expectations.

D.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL UNEO AND/OR ITS AFFILIATES OR SPONSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITES, WITH THE DELAY OR INABILITY TO USE THE WEBSITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITES OR THE APPLICATION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF UNEO OR ANY OF ITS AFFILIATES OR SPONSORS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Websites, or with any of these Terms, your sole and exclusive remedy is to discontinue your access to and use of the Websites.

X.Governing Law, Venue and Jurisdiction.  These Terms shall be treated as though they were executed and performed in  Maryland and shall be governed by the laws of the State of Maryland an d the laws of the United States without regard to conflict of law principles. Any claim or dispute related to the Websites or under these Terms, the Privacy Policy, and any legal notices on the Websites must be instituted within one (1) year after the claim arose (if multiple claims, from the date the first claim arose) or be forever waived and barred. You agree that you will bring any claims in, and submit to the exclusive jurisdiction of, the state and federal courts located in the County of Anne Arundel, in the State of Maryland.

XI.Miscellaneous Terms

A.These Terms, together with our  Privacy Policy  are the entire agreement between you and us related to your use of the Websites. 

B.The Websites are intended for use only within the United States. If you access the Websites from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

C. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in full force and effect. 

D.Unless otherwise specified herein, these Terms and the accompanying Privacy Policy constitute the entire agreement between you and Uneo with respect to the Websites and it supersedes all prior communications and agreements, whether electronic, oral or written, between you and Uneo with respect to the Websites.

E.A failure or delay by Uneo to exercise any right, power, or remedy under these Terms does not operate as a waiver and does not preclude any other or further exercise of that or any other right, power, or remedy. A waiver is not valid or binding on the party granting that waiver unless made in writing and signed by both parties. 


 

Contact Information

If you have any questions about these Terms, please contact us by e-mail or postal mail as follows: info@uneohealth.com