These Terms of Use (“Terms of Use”) govern your use of our portal dme.cleverhealth.com (the “Portal”) and our web site www.cleverhealth.com, (the “Website”). The Portal and web site, in conjunction with the other connected content, features, materials, applications, widgets and/or services are conjointly measured as the “Services” offered by Clever Health, LLC (“Clever Health” or “we” or “us”).
BY USING THE SERVICES, YOU AGREE TO ALL OF THE PROVISIONS OF THESE TERMS OF USE AND REPRESENT TO US THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO AND AGREE WITH THESE TERMS OF USE. IF YOU DON’T AGREE TO THESE TERMS OF USE, THEN YOU ARE NOT APPROVED TO USE ANY OF CLEVERHEALTH’S SERVICES.
For the function of these Terms of Use, “you” and “your” describes you as the user of the Services. If you employ the Services on behalf of a corporation, organization or any practician network, or different entity, then (a) “you” includes you and associated entity, (b) you represent and warrant that you are a licensed representative of the entity with the authority to impasse the entity to these Terms of Use, which you comply on the entity’s behalf, and (c) your entity is legally answerable for your use of the Services along with the utilization of your account by others related to your entity that may include your staff, agents or contractors.
Please review the subsequent carefully, so that you can perceive the Terms of Use. These Terms of Use describe your responsibilities, CleverHealth’s liability and also the liability of any third parties associated with our Services. All users of CleverHealth’s Services should settle for the terms and conditions that are stated here. Make sure that parts of this Service are also subject to further changing in terms and conditions by us from time to time; your use of the Service is subject to those extended terms and conditions too. If you’ve got any queries concerning these Terms of Use, please contact us via email at legal@cleverhealth.com.
These terms of use include (1) A negotiation provision; (2) A Disclaimer of rights to bring a class action against us; And (3) A statement by you of all claims for damage against us that may occur due to your use of the services. By using any of the services, you approve of these provisions.
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.
Our privacy practices in operating the Services are represented in our Privacy Policy placed at cleverhealth.com/privacypolicy (“Privacy Policy”). Please review the Privacy Policy know about:
2-Registration
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.
You (and your approved workers, if any) are the only approved users of your User Account, subject in the case of Clinician account to the restrictions set forth in Section 4 of Terms of Use. You’re liable for maintaining the confidentiality of any word and account information provided to you by CleverHealth for accessing the Services. You’re exclusively and totally answerable for all activities that occur under your word or account. Cleverhealth has no management over the employment of your or any other user’s account and clearly disclaims any liability over the accounts. If you suspect that any unauthorized party is misusing your account, then you’ll stop all ongoing operations and speak to CleverHealth instantly by emailing at support@cleverhealth.com.
3– Terms Applicable to the Use of the Clinician and Supplier Portal
4- Terms Applicable to the Service
Subject to your agreement with these Terms of Use, Cleverhealth herewith grants to you, a personal, nonexclusive, unassignable, revocable, restricted license (without the right to sublicense) to access and use the Portal and Services (including updates and upgrades that replace or enhance it in any respect and that don’t seem to be distributed with a separate license, and any documentation) only on computers and devices that you personally own or manage, and subject to the constraints that are described below. These Terms of Use are restricted to the property rights of CleverHealth and its affiliates and licensors and don’t embody any rights to different patents or property. The restricted rights granted to you to access and use the Services comprise a restricted license and don’t represent the sale of any software program.
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.
Subject to the terms of the Privacy Policy,you hereby grant to Cleverhealth a nonexclusive, long-lasting, irreversible, royalty-free, worldwide, transferable license to access, use, reproduce, transmit, display, publish, distribute, modify and adapt or create any derivative work from any content that you post, upload, publish, submit or transmit to be made available through the Services (“Your Content”). By posting or submitting Your Content through the Services, including any publicly reachable blog, comments or community forum we may make available (collectively “Forums”), you represent and warrant:
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
You agree that the on top of limitations of liability in conjunction with the opposite provisions in these Terms of Use that limit liability are essential terms of these Terms of Use which Cleverhealth wouldn’t be willing to grant you the rights set forth in these Terms of Use except for your agreement to the on top of limitations of liability; you’re agreeing to those limitations of liability to induce Clverhealth to grant you the rights set forth in these Terms of Use.
By agreeing to these Terms of Use, you agree that you simply shall defend, indemnify and hold Cleverhealth, its licensors and their various parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and everyone claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in affiliation with:
6-Ownership
The Services (including the Portal) and their content, together with their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and different materials, are protected under material possession, copyright, trademark and different laws. You acknowledge and agree that Cleverhealth and/or its licensors have authority and interest in and on the Services (while not restricting any and every one patent, copyright, secret, trademark, show-how, ability and any and every one different material possession rights) and you agree to not take any action(s) inconsistent with such possession interests. You don’t acquire any rights or licenses beneath any of Cleverhealth’s (or its licensors’) patents, patent applications, copyrights, trade secrets, emblems or different material possession rights on account of these Terms of Use. You acknowledge and agree that the options and practicality of the Services (including the Portal), and every one software system, content, data, info and materials contained in this are the confidential and proprietary info of Cleverhealth (or its licensors), and consequently, you comply with
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:
(a) Govern any Claim by Cleverhealth for infringement of its material possession or access to the Service that’s unauthorized or exceeds authorization granted in these Terms of Use
(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.
Arbitration is a lot informal than a proceeding in court. There’s no decision making or jury in arbitration. Instead, the dispute is resolved by a neutral mediator. Court review of AN arbitration award is restricted. Except to the extent to which the parties agree otherwise, arbitrators will be awarded equivalent damage and relief that a court will award. You agree that the Federal Arbitration Act governs the interpretation and social control of this provision, which you and Cleverhealth area unit is waiving to achieve the proper solution to an attempt by jury or to participate in a very class-action suit. This arbitration provision can survive any termination of these Terms of Use.
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 legal@cleverhealth.com 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.
8-General Provisions
Modifications:
We could modify these Terms of Use at any time. Modifications become effective like a shot upon your 1st access to use of the Services when the “Last Revised” date is mentioned at the highest of these Terms of Use. If we tend to create changes that are materialistic, we have a tendency to use affordable efforts for informing you, through email or inserting a distinguished notice on the primary page of the website. However, it’s your sole responsibility to review the Terms of Use from time to time to look at any such changes. Your continuing access to use of the Services when the modifications became effective is going to be deemed by your conclusive acceptance of the changed Terms of Use. If you do not believe the modifications to the Terms of Use, then please don’t access or use the Services.
Termination:
If you breach any of the terms of these Terms of Use, all licenses granted by Cleverhealth, as well as permission to use the Services, can terminate mechanically. In addition, Cleverhealth might suspend, disable, or delete your User Account and/or the Services (or any a part of the foregoing) with or all of sudden, for any or no reason. If Cleverhealth deletes your User Account for any suspected breach of these Terms by you, you’re prohibited from re-registering for the Services below a unique name. Cleverhealth, however, isn’t obliged to, delete any of Your Content. Cleverhealth shall not be answerable for the deletion of (or failure to delete) Your Content. Termination won’t restrict any of Cleverhalth’s alternative rights or remedies at law or in equity.
Export Laws:
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.
Taxes:
You’re exclusively accountable for anyone duties, taxes, levies or fees (including any sales, use or withholding taxes) obligatory or in reference to these Terms of Use by any authority.
Injunctive Relief:
You agree that a breach of these Terms of Use can cause irrevocable injury to Cleverhealth for which only financial rewards wouldn’t be an adequate remedy. In this case, Cleverhealth shall be entitled to take the claimed remedies additionally to any monetary remedies against our damage or harm.
Mischallenous:
These Terms of Use might not be changed except by any authorized representatives of Cleverhealth. No alternative act, document, usage or custom is deemed to switch or amend these Terms of Use. These Terms of Use can accustom to the advantage and can be binding upon every party’s successors and assigns. These Terms of Use and the licenses granted hereafter is also assigned by Cleverhealth. If any provision hereof becomes, at any time or for any reason, unenforceable or invalid, no alternative provision hereof is affected thereby and therefore the remaining provisions can continue with constant impact as if such unenforceable or invalid provisions are not inserted here. It’s expressly understood that if any party fails to perform any term hereof and therefore the alternative party doesn’t enforce that term, the failure to enforce on any occasion won’t represent a release of any term and cannot forestall social control on the other occasion. Nothing contained in these Terms of Use are deemed to represent either party because of the agent or representative of the opposite party for any purpose. The affected party’s performance is extended for the amount of delay or inability to perform because of any prevalence. The headings and captions contained herein won’t be thought of to be a part of the Terms of Use however it can be used for convenience solely. You and Cleverhealth agree that the UN Convention on Contracts for the International Sale of products won’t apply to the interpretation or construction of these Terms of Use.
Contact:
For any further queries or details you can contact us at:
Clever Health, LLC
1330 Cooks Mine Road
Twin Lakes, Mexico-86515
+505-735-0177
chariksethi@gmail.com
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