1-About The Services
CleverHealth provides a care coordination platform for the aim of optimizing the provision of health care instrumentality and services by connecting clinicians (“Clinicians”) and suppliers (“Suppliers”). Clinicians and Suppliers could use the Services to input, update, submit, ensure and track order and order data.
All prescriptions and different orders sent to Suppliers through the Services area unit are accepted, reviewed, and ultimately consummated by the applicable provider, and not by CleverHealth. All sales expedited through the Services area unit are entirely transacted between the practician and provider. CleverHealth itself doesn’t give any prescriptions or orders or sell any products, instrumentation or prescription drugs. CleverHealth provides no warranties relating to the services or products of either Clinicians or Suppliers, any products or instrumentation created out there through the Services or the accuracy of any knowledge uploaded to the Services by Clinicians or Suppliers. CleverHealth isn’t liable for the delivery of prescriptions or different orders, or service of providing prescribed instrumentation and services. CleverHealth isn’t a seller or co-vendor of any product and/or services. CleverHealth is under no obligation to get involved in disputes between any users of the Services, as well as between Clinicians and Suppliers, or between users of any third party in regard to the utilization of the Service.
The Services don’t fall among the factors of any medical device consistent to Section 201(h) of the Federal Food, Drug and Cosmetic Act as they are not meant to diagnose, treat or cure different symptoms and diseases. Any medical content, services, info, recommendation or materials of any kind that are accessed through the Services is for general info or for reference functions solely and shall not replace any skilled, clinical or medical recommendation or prescription provided by a practician or any skilled health expert. The Services don’t address all attainable uses, actions, precautions or interactions of any health care instrumentality or product, nor do they supply comprehensive info regarding any explicit illness or medical condition.
To register with an account on the Services, you need to be a minimum of eighteen years old (or the age of legal majority in your jurisdiction). You should be a licensed practician (or an approved worker of a licensed Clinician) otherwise you must be a licensed member of the provider registered with Cleverhealth to use the Portal. You don’t have to create a clever health account (a “User Account”) to visit our website, however, you’ll be needing a User Account to access the Portal. You can create a User Account by finishing the registration method that is set forth on the website. You will be asked to provide and maintain your correct Contact info, which can include Name, Email address, Residential address, Payment info, Insurance info, Clinician and provider info, Clinician license info or provider license info and different relative account information. Phone calls and electronic mail with Cleverhealth could also be recorded or monitored.
3– Terms Applicable to the Use of the Clinician and Supplier Portal
4- Terms Applicable to the Service
If you cross these restrictions, you’ll be subject to prosecution and damages. You further agree to not use the Services in any manner to harass, abuse, stalk, threaten, slander or otherwise invade or violate the rights of the other party, which Cleverhealth is not in any means liable for any such use by you, nor for any harassing, threatening, defamatory, offensive or prohibited messages or transmissions that you could receive as a results of exploitation of the Services.
WE RESERVE THE RIGHT TO GET RID OF ANY CONTENT, MATERIAL, OR SUBMISSION THAT WE HAVE A TENDENCY TO DO SO, WITH OUR SOLE PURPOSE TO STOP ANYONE WHO VIOLATES THE LAW OR RIGHTS OF SOMEONE, TRESPASSES THE RIGHTS OF SOMEONE, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE WEBSITE OR SERVICES, AS WELL AS WITHIN THE FORUMS.
For how can we use and access your data.
5-Disclaimer of Warranties and Limitation of Liability
YOU ARE SOLELY ACCOUNTABLE FOR YOUR CONNECTIONS WITH DIFFERENT USERS OF THE SERVICE. YOU CLEARLYACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM ALLOWABLE EXTENT BY APPLICABLE LAW, THE SERVICES (INCLUDING, WHILE NO LIMITATION,OF THE PORTAL AND ANY THIRD PARTY MATERIALS, THIRD PARTY PACKAGES OR SERVICES) ARE DELIVERED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTING ANY FAULTS OF DIFFERENT POSSIBLE KINDS, AND CLEVERHEALTH HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT ARE RELEVANT TO THE SERVICE (INCLUDING EMPLOY PERFORMANCE AND SUPPORT THEORY), EITHER CATEGORIAL, IMPLICIT OR CONSTITUTIONAL, INCLUDING, BUT NOT RESTRICTED TO, THE WARRANTIES AND/OR CONDITIONS OF DISTRIBUTION OF PRODUCTS AND SERVICES OF SATISFACTORY QUALITY, OF FITNESS FOR ANY SPECIFIC PURPOSE, OF ACCURACY, OF QUIET TITLE OR NON-INTRUSION OF THIRD PARTY RIGHTS, INTERFERENCE WITH SATISFACTION, COMPLETENESS, INTEGRATION, FREEDOM FROM DEFECTS OR DISABLING DEVICES, UNINTERRUPTED USE AND ANY WARRANTIES FROM ANY COURSE OF DEALING OR USAGE OF TRADE. CLEVERHEALTH WILL NOT WARRANT IF
THEREFORE, AUTHORITIES DON’T PERMIT THE EXCLUSION OF IMPLICIT WARRANTIES SO SOME OR ALL OF THE ON TOP OF EXCLUSIONS MIGHT NOT APPLY TO YOU.
TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT CAN CLEVERHEALTH BE LIABLE FOR
Any type of
You herewith assign to Cleverhealth any and everyone right, title and interest (however not restricted to, any patent, copyright, secret, trademark, ethical rights and any and every one alternative property right) that you simply could have in and to any and everyone’s Feedback and Revisions. At Cleverhealth’s request, you’ll execute any document, registration or filing needed to administer impact to the preceding assignment.
7-Arbitration and Class Action Waiver
This Section includes an associate arbitration agreement in which everyone’s claims are brought solely in a private capability (and not as a category action or alternative representative proceeding). Please browse it rigorously. You can cop out of the arbitration agreement by following the cop-out procedure represented below.
Arbitration Agreement: After the informal dispute resolution method any remaining dispute, difference of opinion, or claim (collectively, “Claim”) relating in any way to your use of Cleverhealth’s services and/or product, as well as the Services, or relating in any way to the communications between you and Cleverhealth or the other user of the Services, are going to be finally resolved by binding arbitration. This obligatory arbitration agreement applies equally to you and Cleverhealth. However, this arbitration agreement doesn’t:
(b) Restrict you from creating use of applicable little claims court procedures in acceptable cases. If you’re an individual, you’ll choose this arbitration agreement among thirty (30) days of the first of the date you access or use this Service by following the procedure represented below.
The number of arbitrators is one. you’ll value more highly to have the arbitration conducted by phone, supported written submissions, or face to face within the county wherever you reside or at another reciprocally united location. The arbitration is conducted within the English language. new york law can apply. Judgment on the award rendered by the intermediator is also entered in any court having jurisdiction thereof.
Payment of all filing, administration and intermediator fees are ruled by the AAA’s rules. If you’re a private and haven’t accessed or used the Service on behalf of an entity, we are going to reimburse those fees for claims totalling, unless the intermediator determines that the claims are giddy and that we won’t look for attorneys’ fees and prices in arbitration unless the intermediator says that the claims are giddy.
The intermediator, and not any federal state, or native court, can have exclusive authority to resolve any dispute regarding the interpretation, pertinence, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, as well as any claim that each one or any part of this arbitration agreement is void or revocable. However, the preceding sentence won’t apply to the “Class Action Waiver” section below.
If you want to talk about your disputes with Cleverhealth and you’re a private, you’ll cop out of this arbitration agreement by sending an email to firstname.lastname@example.org inside thirty (30) days of the primary date you access or use the Service.
Class Action Waiver:
Any Claim should be brought within the several party’s individual capabilities, and not as a litigant or category member in any supposed category, collective, representative, multiple litigants, or similar continuing (“Class Action”). The parties expressly waive any ability to keep up any lawsuit in any forum. If the Claim is subject to arbitration, the mediator won’t have authority to mix similar claims or conduct any lawsuit. Any claim that every once or a part of this lawsuit relinquishment is unenforceable, unconscionable, void, or revocable could also be determined solely by a court of competent jurisdiction and not by a mediator. The parties perceive that any right to litigate in court, to possess a decision or jury is waived, so any claims should be set one by one, through arbitration.
If this lawsuit relinquishment is found to be unenforceable or ineffective, then a whole lot of the Arbitration Agreement is going to be null and void. The intermediary would possibly award declarative or injunctive unharness especially in favour of the individual party seeking relief to protect themselves by that party’s individual claim. If for any reason a claim payoff in court instead of in arbitration, you and Cleverhealth will report every waives the right to a jury trial, and such claims shall be submitted to the state and federal courts within the State of the latest royal line. You and Cleverhealth comply with the exclusive jurisdiction of such courts with regard to such claims.
You agree that you won’t export or re-export, directly or indirectly the Services and/or different data or materials provided by Cleverhealth hereafter, to any country that the relevant jurisdiction needs any export license or other governmental approval at the time of export when you are not having any such license or approval. However, while not restricting, the Services might not be exported or re-exported
By using the Services, you represent and warrant that you aren’t set in any such country or on any such list. You furthermore might agree that you won’t use these products for any functions prohibited by law, including manufacture or production of nuclear, missiles, or chemical or biological weapons. You’re chargeable crossing any type of applicable U.S export rules and regulations.
US Government Restricted Rights:
The Services and connected documentation area unit “Commercial Items”, as that term is outlined at 48 C.F.R. §2.101, consisting of “Commercial computer software” and “Commercial Computer Software Documentation”, in and of itself terms are employed in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. according to 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the commercial computer code and industrial computer software are being licenced to U.S. Government finish users (a) solely as industrial items and (b) with solely those rights are granted to all or any different finish users consistent to the terms and conditions herein.
For any further queries or details you can contact us at:
Clever Health, LLC
1330 Cooks Mine Road
Twin Lakes, Mexico-86515