The Onduo LLC Platform ("Onduo Platform") is a resource made available by Onduo LLC and its affiliates (collectively "Onduo") to individuals who would like to view and manage their medical information online, and communicate with certain health care providers accessible through the Onduo Platform. Onduo offers this service under agreement with your health insurer. By choosing to access and use the Onduo Platform, you acknowledge and agree to all of the terms and conditions of use set forth herein.
The Onduo Platform is designed for citizens of the United States; it may not be lawful or appropriate for access and use in other jurisdictions and such users are not authorized to use the Onduo Platform.
IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. DO NOT RELY ON ELECTRONIC COMMUNICATIONS OR COMMUNICATION THROUGH THE ONDUO PLATFORM FOR IMMEDIATE, URGENT MEDICAL NEEDS. THIS PLATFORM IS NOT DESIGNED TO FACILITATE MEDICAL EMERGENCIES.
Onduo does not practice medicine or provide medical services. The Onduo Platform enables certain affiliated health care providers, including Onduo Professionals, P.C., and other affiliated professional organizations and providers to utilize communication features, such as clinical messaging and virtual visit tools that may, in appropriate circumstances, establish a doctor patient relationship between you and such independent third party health care provider. Any content or tool on this platform, such as text, data, illustrations, graphical elements, animation, photos, images, and other materials, is provided for reference and educational purposes only. Such content and tools are not meant to be complete or exhaustive or meant to be applicable to any specific individual's medical condition. These resources should not be used to make a diagnosis or to replace or overrule a qualified health care provider's judgment. All users are strongly encouraged to consult with a qualified health care professional for answers to personal questions.
You assume full responsibility for using the information on this site, and you understand and agree that no Onduo entity is responsible or liable for any claim, loss, or damage resulting from use of such information by you or any other user.
If you do not agree to any of the Terms, you should not access or use Onduo, and, if you already have a registered account with Onduo, you may deactivate your account online. Upon deactivation all account registration information will be deleted and may no longer be retrievable by you, although your health information will not be deleted. Uninstalling the app does not constitute account deactivation or deletion of your information. Please note, however, that information you enter or accept into your Onduo Platform account is backed-up and saved on a server and as such, we cannot guarantee that information that has been deleted from an Onduo Platform account will not be available elsewhere.
You understand that information you send or receive via the Onduo Platform may become part of a medical record established by Onduo Professionals, P.C. or other affiliated professional entities and providers, but may not automatically become part of your separate medical records held by non-participating clinicians unless you request such records and provide them.
Access to Onduo Platform is enabled by usernames and passwords, security questions and answers and additional security measures as may be implemented from time to time by Onduo Platform. You will choose your username and password when registering for access. You shall maintain your username and password and security questions and answers in strict confidence. In no event shall you share your username or password or security questions and answers with any third party or allow another person to access Onduo Platform using your username and password or security questions and answers. You shall immediately notify Onduo if you have any reason to believe that your username, password or security questions and answers has been lost or compromised or misused in any way. You are fully and solely responsible for any and all use of Onduo Platform under your username and password.
In using Onduo Platform, you will have access to confidential information of Onduo and third parties ("Confidential Information") that may include software, codes, technology, logic, techniques, formats, tools, designs, concepts, methods, processes, ideas, functional specifications, technical materials and information, and related documentation.
During the term of this Agreement and thereafter, you agree not to disclose any Confidential Information to any third party except as permitted by this Agreement and by applicable law. Without limiting the foregoing, you agree to undertake all reasonable measures to ensure the privacy and security of all Confidential Information including without limitation: (i) not to access or use any Confidential Information that you have no legitimate authorization to access or use; (ii) not to access Onduo Platform or any Confidential Information for any other individual or any unauthorized third party. You acknowledge and agree that all obligations relating to Confidential Information under this Agreement will continue after termination of this Agreement and termination of access rights hereunder.
Onduo may terminate this Agreement and/or terminate or suspend your access to the Onduo Platform at any time and for any reason. Onduo has the right to refuse to provide access to Onduo Platform to any person, agency or organization, or to prohibit any person, agency or organization from using Onduo Platform, at any time and for any reason. Onduo reserves the right to change, suspend, or discontinue all or part of Onduo Platform, temporarily or permanently, without prior notice. We reserve the right to deactivate any account at any time, for any reason.
As used in these Terms, the words "we" and "us" refer to Onduo. "You" refers to any individual who is accessing or using Onduo Platform. Certain provisions contained in these Terms may be inapplicable to you depending upon your user status. "Onduo Platform account" refers to a Registered User's web record which contains personal and medical information and which is accessible online through Onduo Platform. Capitalized words used but not otherwise defined in these Terms have the following meanings:
Registered User: An individual user who has registered for an Onduo Platform account.
Enrolled User: A Registered User who has been invited by and who has accepted an invitation to join a Participating Provider's Onduo Platform community, through which the user may take advantage of any interactive features offered by such Participating Provider online in addition to Onduo's features.
Participating Provider: Onduo Professionals, P.C., certain other Onduo affiliated professional entities, any physician, physician practice, hospital, hospital system, or other clinical care provider who contracts to utilize the Onduo Platform
Authorized User: A Registered User explicitly authorized by another Registered User to access the latter's Onduo Platform account, where the type and extent of access allowed is determined by the authorizing Registered User.
Authorized Provider: With respect to a Registered User, a Participating Provider explicitly authorized by such Registered User to access the user's Onduo Platform account and interact with the user virtually.
The duration of these Terms shall begin on the date you accept these Terms and end when you deactivate your account ("Period of Use"). Notwithstanding the foregoing, your use of Onduo Platform shall be immediately terminated upon our written notice to you in the event that you breach any of these Terms. In the event of termination for any reason whatsoever, your rights to access Onduo Platform will immediately terminate. Your Onduo Platform account will be deactivated and any stored information, entered or accepted by you into your Onduo Platform account will be deleted. Upon deactivation of your account, you will no longer be able to view or retrieve such information. Furthermore, upon deactivation of your account, you will no longer have access through Onduo Platform to any copies of original medical records that may have been provided online by a Participating Provider. Please note, however, that information you enter or accept into your Onduo Platform account is backed-up and saved on a server and as such, information that has been deleted from an Onduo Platform account may still be available through one of those servers. You acknowledge and agree that the original components of your medical records shall at all times remain the property of the health care provider that created them. If you need a copy of your medical records, you should contact that health care provider directly.
You represent and warrant that:
You also agree:
Authorization to share information.
Moreover, you hereby authorize us and your Authorized Providers to access and share your personal and health information with others when necessary to fulfill our/their obligations to you as our/their patient and/or to assist you in getting the care or services you request.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT PARTICIPATING PROVIDERS HAVE NO LEGAL OBLIGATION TO TRANSMIT YOUR MEDICAL INFORMATION TO OTHER HOSPITALS OR DOCTORS OR STAFF OR TO POST SUCH INFORMATION IN YOUR ONDUO PLATFORM ACCOUNT. YOU SHOULD MAINTAIN THE ORIGINAL VERSION OF ANY CORRESPONDENCE FROM YOUR HEALTH CARE PROVIDERS AND IF YOU WISH, UPLOAD A COPY OF THE SAME TO YOUR ONDUO PLATFORM ACCOUNT.
You agree to defend, release, indemnify, and hold harmless us, the other Onduo entities, all Participating Providers, and their respective partners, members, trustees, directors, officers, directors, staff members, employees, affiliated companies and licensors ("Indemnitees"), harmless from all liabilities, claims and expenses, including without limitation, reasonable attorney fees, that (i) arise from a breach by you of these Terms or the terms and conditions for any Indemnitee platform (ii) arise from your use of any Indemnitee platform or relate in any way directly or indirectly to any Indemnitee platform, or (iii) arise in connection with the posting or transmission of any content by or through your Onduo Platform account or any violation by you of any laws, regulations or rights of another. You agree that each Indemnitee has the right, but not the obligation, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you pursuant to this provision.
You shall have a non-exclusive, non-transferable right to access and use Onduo Platform features during the Period of Use subject to these Terms. You may not access or use Onduo Platform if you are located or reside anywhere where access or use is prohibited by law, decree, regulation, treaty or administrative act. Access to certain features available through Onduo Platform may depend on your status as a Registered versus Enrolled User.
You do not owe any separate fees for access and use of Onduo, but you are responsible for paying any other third party charges associated with accessing the platform, including but not limited to Internet service provider fees.
You acknowledge and agree that we may at any time and from time to time modify, suspend or discontinue, temporarily or permanently, Onduo Platform features or functionalities (or any part thereof) to the extent that such modification, suspension or discontinuance is necessary to reflect or accommodate a change necessitated by unforeseen circumstances that may arise after the date hereof, regulatory changes or a change imposed or required by a Third Party Service Provider. You agree that no Onduo entity shall be liable to you or to any third party for any such modification, suspension, or discontinuance.
You may access Onduo Platform and use Onduo Platform features for your personal, noncommercial use only. You may not reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes the use of or access to any portion of Onduo Platform features or content available hereunder.
You may not under any circumstances establish any links to Onduo Platform without our prior and explicit written permission.
If you are a patient who has received or is receiving treatment by a Participating Provider, then you may be invited to "enroll" or join its online patient community through Onduo Platform. You will receive from such Provider an email invitation information. Your email invitation and the related information are uniquely linked to you and your medical record (if made available online by a Participating Provider). This email invitation and related information should not be shared with others.
Accepting this invitation with your enrollment code via the link supplied to you in your email invitation will then give you continuing access as an Enrolled User to certain specialized Onduo Platform services and may give you online access to parts of your medical record. You understand that each Participating Provider may have its own terms and conditions separate from and in addition to these Terms. Prior to permitting a Registered User to become an Enrolled User, a Participating Provider may require certain consents, acknowledgements, commitments, representations and agreements from the user either at the time the user accepts an enrollment invitation or before the user accesses certain services provided by the Participating Provider. A Registered User may not have access to these services until such consents and acknowledgements have been obtained.
Please be advised that we reserve the right to terminate or change the terms of a relationship with any Participating Provider at any time due to a change necessitated by unforeseen circumstances that may arise after the date hereof, regulatory changes or changes imposed or required by one or more of our Third Party Service Provider.
We reserve the right to change the terms of any Third Party Service Provider relationship or terminate your access to such services and/or content at any time upon notice to you due to a change necessitated by unforeseen circumstances that may arise after the date hereof, regulatory changes or changes imposed or required by the Third Party Service Provider.
To the extent that your use of the Onduo Platform includes data received or otherwise generated from any DexCom, Inc. ("Dexcom") continuous glucose monitoring (CGM) device (collectively, "Dexcom CGM Data"), you acknowledge and agree that such Dexcom CGM Data is provided by Dexcom without any warranty or other terms that contradict, expand or differ from the express warranties and terms published or otherwise made available by Dexcom. Further, with regard to any references to the Dexcom name, logo or other wording provided or made available by Dexcom (collectively, "Dexcom Logo"), you acknowledge and agree that (i) the Dexcom Logo does not mean Dexcom has developed, validated, approved or endorsed the Onduo Platform or any individual features, functionalities or use cases thereof, and (ii) Dexcom shall have no liability for any use of the Onduo Platform, or for any marketing, promotion, sale, licensing, distribution or other commercialization of the Onduo Platform in violation of the agreements by which Dexcom CGM Data is made available through the Onduo Platform. For additional information, please refer to the materials included with your Dexcom CGM device.
USER ACKNOWLEDGES AND AGREES THAT NO PARTNERS ENTITY WILL BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, MONETARY OR EXEMPLARY DAMAGES, INCLUDING FEES, OR PENALTIES, LOSSES OR LIABILITIES OF ANY KIND (INCLUDING SPECIFICALLY PERSONAL INJURY) RESULTING FROM OR IN CONNECTION WITH:
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IT IS YOUR RESPONSIBILITY SOLELY AND EXCLUSIVELY TO DETERMINE THE SUITABILITY OF ONDUO PLATFORM FEATURES PROVIDED HEREUNDER FOR YOUR INTENDED PURPOSES AND USES. YOU ACKNOWLEDGE AND AGREE THAT ONDUO PLATFORM FEATURES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND EXPRESSED OR IMPLIED.
ONDUO GIVES AND MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY, WITH RESPECT TO ONDUO PLATFORM OR THE RESULTS OBTAINED FROM ONDUO PLATFORM OTHER THAN THAT EXPRESSLY SET FORTH HEREIN. NO REPRESENTATION OR WARRANTY IS MADE THAT (I) ONDUO PLATFORM WILL MEET THE YOUR NEEDS, (II) ACCESS TO ONDUO PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ONDUO PLATFORM SHALL BE RELIABLE OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED THROUGH ONDUO PLATFORM WILL MEET YOUR EXPECTATIONS.
NO REPRESENTATIVE OF ONDUO OR PARTNERS IS AUTHORIZED TO GIVE OR MAKE ANY OTHER REPRESENTATION OR WARRANTY OR MODIFY THIS WARRANTY IN ANY WAY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ONDUO AND PARTNERS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE.
SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
We do not assume any duty to correct or update Onduo Platform or to resolve or clarify any inconsistent information that might be a part of Onduo Platform. We disclaim any warranty concerning such information's accuracy, timeliness, and completeness, and any other warranty, express or implied, including warranties of merchantability or fitness for a particular purpose. We also do not warrant that access to the site will be error- or virus-free and do not guarantee against unauthorized users or hackers attempting to obtain access to the platform. No Onduo entity shall be liable for any losses or damages related to the same. If you find these materials offensive, do not use this platform.
Your Authorized Providers may not necessarily see or read the personal notations or other information you input into your Onduo Platform account. We give and make no representation or warranty that a note you make will be reviewed by the Authorized Providers for whom you intended the note or by any Authorized Provider for that matter.
Onduo Platform, its features and content are owned by Onduo, for itself or on behalf of its affiliates, and/or its Third Party Service Provider and are protected by U.S. and international copyright and other intellectual property laws. Onduo and its Third Party Service Provider shall retain title, ownership rights and all intellectual property rights in and to Onduo Platform features and any and all software, documentation, intellectual property or other proprietary information or materials used or delivered in connection with the Onduo Platform service. Unless otherwise stated, you may print or download information from the platform for personal, non-commercial use only, provided:
Reprinting or otherwise reproducing any document in whole or in part is prohibited, unless prior written consent is obtained from the copyright owner. Nothing in these Terms shall be interpreted to mean that you have rights to repackage, sell, resell, post on blogs or on any other platform, republish, reproduce, link or frame or store any material without our permission.
You acknowledge and agree that we shall have the right in its sole discretion to refuse to accept or to remove any content provided by you in connection with Onduo Platform features if doing so would violate these Terms or would be otherwise objectionable in our sole and absolute discretion. You acknowledge and agree that the original components of your medical record shall at all times remain the property of the health care provider that created them. You should contact your health care provider directly for copies of such records.
These Terms do not grant you any right, title, license or interest in or to any software or documentation, or in any related patents, copyrights, trademarks, trade secrets or other intellectual property of any kind, of Onduo, Onduo, or their affiliates or the Participating Providers. You shall not acquire any rights of any kind in or to any trademark, service mark, trade name, logo or product or service designation (whether or not registered) under which Onduo, Onduo, their affiliates and the Participating Providers market their products or services and you shall not use the same for any reason.
All copyrightable text, graphics, design, selection and arrangement of information in this platform are copyrighted by Onduo unless otherwise noted. You may not edit or alter any material on this platform.
Onduo reserves the right to remove any uploaded content, at any time, for any reason. Onduo otherwise complies with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. This section describes the procedure that should be followed to file a notification of alleged copyright infringement with Onduo, and to file a counter notification regarding material that has been removed or disabled in response to a notification of alleged copyright infringement.
Notification of Claimed Copyright Infringement
If you have objections to copyrighted material posted on any platform owned by Onduo, you may submit a notification to our Designated Agent at the following address:
55 Chapel Street, Suite 10
Newton, MA 02458
Attn: Copyright Compliance
Any notification to Onduo under 17 U.S.C. § 512(c) alleging copyright infringement must include the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed;
(b) an identification of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works; b
(c) an identification of the material that you claim is infringing and where it is located on the Onduo platform;
(d) information sufficient for Onduo to contact you, such as your address, telephone number, and/or email address;
(e) a statement by you that you have a good faith belief that the use of the materials of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
(f) a signed statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.
If you are a user and material that you have posted to our platform has been removed or disabled, you may file a counter-notification pursuant to 17 U.S.C. § 512(g). To be effective, the counter-notification must be a written communication sent to the Designated Agent address listed above that includes the following:
(a) your physical or electronic signature;
(b) identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
(c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
(d) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which Onduo may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. § 512(c)(1)(C)Notifications of copyright infringement claims occurring on Onduo Platform should be reported to the designated agent at the address provided above.
Dated: January 9, 2018