Last Updated: December 2, 2019
Welcome to the Pathio Solutions, Inc. (“Pathio”) online care collaboration platform! Pathio provides this online platform and related services (all together, the "Services") to you for your convenience and in order to provide you the ability to access certain health related information and services.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS BELOW. PLEASE PRINT A COPY OF THESE TERMS & CONDITIONS OF USE FOR YOUR REFERENCE.
Modifications to this Agreement
No Medical Advice
PATHIO IS NOT RESPONSIBLE FOR ANY CONTENT THAT ANY THIRD PARTY MAY MAKE AVAILABLE OR COMMUNICATE THROUGH THE SERVICES, AND ALL CONTENT MADE AVAILABLE TO YOU ON THIS WEBSITE IS TO BE USED FOR INFORMATIONAL PURPOSES ONLY.
YOU ACKNOWLEDGE THAT PATHIO CONTENT IS IN NO CASE TO BE USED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE NOR IS IT INTENDED TO BE RELIED UPON BY ANY PERSON OR ENTITY FOR PURPOSES OF MEDICAL DIAGNOSIS OR TREATMENT. NEITHER PATHIO NOR ITS AFFILIATES OR VENDORS GUARANTEES THE SEQUENCE, ACCURACY, OR COMPLETENESS OF THE CONTENT AND SHALL NOT BE LIABLE IN ANY WAY TO YOU, OR ANYONE ELSE TO WHOM THE CONTENT MAY BE FURNISHED, FOR ANY DELAYS, INACCURACIES, UNAVAILABILITY, ERRORS OR OMISSIONS IN THE CONTENT. SUCH CONTENT IS RELIED UPON AT YOUR OWN RISK AND SOLE DISCRETION.
ALL PATIENT INFORMATION IS COLLECTED AND MAINTAINED BY THIRD PARTY ORGANIZATIONS, NOT BY PATHIO, AND AS SUCH THE USE OF SUCH INFORMATION IS GOVERNED BY THE PRIVACY PRACTICES OF THE COLLECTING ENTITY AS THEY RELATE TO THE SUBJECT OF THE INFORMATION. THEREFORE, YOU ACKNOWLEDGE THAT PATHIO HAS NO RESPONSIBILITY OR LIABILITY FOR THE IDENTIFIABLE HEALTH INFORMATION MAINTAINED BY SUCH PARTIES. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THE IDENTIFIABLE HEALTH INFORMATION IN AN ELECTRONIC HEALTH RECORD, PLEASE CONTACT THE RESPONSIBLE PERSON OR ORGANIZATION TO DISCUSS.
Content and Access
Pathio reserves the right without prior notice to discontinue any services or content available via the Services, or otherwise change specifications at any time without incurring any obligations to you or any other party.
The content on this platform, including without limitation the text, graphics, logos, button icons, images, video or audio clips, digital downloads, data compilations and software, is the property of Pathio or its affiliates or vendors and is protected under applicable United States and international patent, copyright, trademark and other intellectual property laws. The compilation of all content on this platform, as well as the original arrangement, organization, design, formatting, trade dress, look and feel of the online platform and related websites is also the exclusive property of Pathio or its respective affiliates or vendors and is also protected by United States and international intellectual property laws.
Pathio or its affiliates are the owner of the Pathio Solutions, Inc. trademarks, among others. Other graphics, logos, button icons, and service names appearing on the platform are also the distinctive and protected trademarks, service marks, or trade names of Pathio or its affiliates. This platform may contain various third-party names and marks that are the property of their respective owners.
Any unauthorized use of our marks or of our copyrighted material or trade dress or any other intellectual property is strictly prohibited and may be prosecuted to the fullest extent that the law provides.
Any information that is not your personal health information protected by HIPAA that you provide to Pathio related to our Services, and not your personal medical history, will not be given confidential treatment. Pathio will not have any obligation of any kind to you with respect to any postings, feedback or data that you submit regarding the Services. Your submission of such content constitutes an assignment to Pathio of such material (along with any underlying or related ideas, concepts, techniques and know-how) and you agree to assign and hereby assign all such postings, feedback and data to Pathio without charge. As the sole and exclusive owner of such postings, feedback and data, Pathio will be free to reproduce, copy, use, disclose and distribute the information to others including without limitation incorporating your postings, feedback or data (and any underlying or related ideas, concepts, techniques and know-how) into any Pathio product, service, or this platform without compensation to you of any kind.
License to Access
You may view, copy, print and use content contained on the Services solely for professional use within the normal context of your employment position with your employer, provided that: (1) it is used for internal purposes only; (2) no text, graphics or other content available from the online platform is modified or framed in any way; and (3) no graphics available from the online platform are used, copied or distributed separate from accompanying text. The use of any content for commercial purposes is expressly prohibited. Nothing in this Agreement is intended to, or may be construed as, conferring by implication, estoppel or otherwise any license or other grant of right to use any patent, copyright, trademark, service mark or other intellectual property of Pathio or any third party, except as expressly provided in this section.
You may not use, copy, modify, distribute, translate, reproduce, republish, disassemble, reverse engineer, decompile, mirror, frame, hyperlink or transmit any of the content or materials of the Services or rent or sell use of or access to (such as on a time share or service bureau basis) the Services, or any of the content or materials on the platform. You may not permit third parties to access the Services using your personal access credentials except as set forth in this Agreement or as appropriate given a legal guardianship or other relationship. You may not harvest or collect information about others, including e-mail addresses.
You agree to use the Services for lawful purposes only. You may not post or transmit through the Services any material (i) that violates or infringes in any way upon the rights of others, (ii) that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, (iii) that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or (iv) that, without Pathio’s express prior approval, contains advertising or any solicitation. Any conduct by you that, in our discretion, restricts or inhibits any other person from using or enjoying the Services will not be permitted.
You understand and agree that Pathio may terminate or otherwise deny your access to the Services with or without notice in the event Pathio believes in its sole discretion that (i) you have violated a provision of this Agreement or your Subscription Agreement, (ii) you have used or misused the Services in a manner that Pathio has determined is unlawful, unethical or otherwise inappropriate, or (iii) such action is reasonably necessary to protect a third party or Pathio or if such action is otherwise required by law.
You acknowledge and agree (1) that your use of the Services is at your own discretion and risk, (2) that use of any material, information or data downloaded or otherwise obtained through the use of the Services is at your own discretion and risk, and (3) that you are solely responsible for any damage to your computer system for loss of data that results from the download of such material, information or data, and for any other form of damage that may be incurred.
The Services, including the online platform, may contain links to, or be accessed through links on, websites managed and operated by or on behalf of third parties (including your employer) or other third party entities. These third parties are separate and independent entities and are not agents of Pathio. Pathio does not have control over such third-party websites or the content of such websites. As a result, Pathio does not have responsibility for the information, misinformation, errors, availability, operation or performance of any such third-party website to which the Services may link or from which the Services may be accessed.
Reference to any pharmacy, physician, product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name or otherwise does not constitute or imply the endorsement or recommendation of such by Pathio. Any views expressed by third parties using the Services are solely the views of such third party and Pathio assumes no responsibility for the accuracy or veracity of any statement made by such third party.
THE SERVICES AND ALL INFORMATION, SERVICES AND RELATED MATERIALS THEY CONTAIN ARE PROVIDED "AS IS," "AS AVAILABLE” AND “WITH ALL FAULTS." PATHIO MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, CURRENCY, OR ADEQUACY OF, OR THE SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THE SERVICES OR THE INFORMATION OR MATERIALS THEY CONTAIN. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PATHIO, AND ITS RESPECTIVE AFFILIATES AND VENDORS, SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES AND THE INFORMATION AND MATERIALS CONTAINED ON THE SERVICES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE.
USE OF THE INTERNET IS INHERENTLY UNRELIABLE. AS A RESULT, PATHIO DOES NOT WARRANT THAT THE SERVICES OR YOUR ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE SERVICES WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PATHIO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE SERVICES, INCLUDING THE ONLINE PLATFORM, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU UNDERSTAND THAT USE OF THE INTERNET AND THE SERVICES IS AT YOUR OWN RISK. NEITHER PATHIO NOR ITS RESPECTIVE VENDORS, AFFILIATES OR SUPPLIERS IS RESPONSIBLE FOR ANY VIRUS OR DAMAGE TO YOUR COMPUTER, COMPUTER SOFTWARE, OR ANY LOSS OF DATA THAT MAY RESULT FROM USE OF THE SERVICES OR ACCESS TO ANY CONTENT OR SERVICES.
The Services may be unavailable from time to time due to mechanical, telecommunication, software, and third-party vendor failures. Pathio cannot predict or control when such downtime may occur and cannot control the duration of such downtime. As a result, Pathio cannot and does not have any liability for such failures.
Reasonable efforts are taken to ensure the accuracy and integrity of information and related materials provided by Pathio via the Services, but Pathio is not responsible for misprints, out-of-date information, technical or pricing inaccuracies, typographical or other errors. Information and related materials are subject to change without notice.
No advice or information from Pathio in any manner will create any warranty as to the Services or any other product, service or material available from Pathio or its affiliates. If for any reason you are not satisfied with the Services or its content, your sole remedy is to cease using the Services, even if such remedy should fail of its essential purpose.
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PATHIO OR ANY OF ITS RESPECTIVE VENDORS, AFFILIATES, OFFICERS, MEMBERS, REPRESENTATIVES, SUPPLIERS, DIRECTORS, EMPLOYEES, CONSULTANTS, OWNERS, OR AGENTS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOSS OF USE, DATA, INFORMATION, PROFITS, BUSINESS, REVENUE, EXPECTED SAVINGS OR BUSINESS INTERRUPTION, OR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR OTHERWISE RELATED TO THE SERVICES OR YOUR USE OF THE SERVICES, WHETHER SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PATHIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE OTHERWISE FORESEEABLE. YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF SUCH DAMAGE IS TO DISCONTINUE YOUR ACCESS TO AND USE OF THE SERVICES. NOTWITHSTANDING THE FOREGOING, IN ANY EVENT, TO THE EXTENT PERMITTED BY APPLICABLE LAW THE AGGREGATE LIABILITY OF PATHIO AND ITS AFFILIATES AND VENDORS FOR ANY REASON SHALL NOT EXCEED $100.00 US DOLLARS, EVEN IF SUCH REMEDY SHOULD FAIL OF ITS ESSENTIAL PURPOSE.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PATHIO AND ITS RESPECTIVE VENDORS, AFFILIATES AND THEIR OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, CONSULTANTS, AND AGENTS FROM AND AGAINST ANY CLAIMS, ALLEGATIONS, DAMAGES, LOSSES, LIABILITIES OR EXPENSES (INCLUDING, BUT NOT LIMITED TO ATTORNEYS' FEES) THAT SUCH PARTY MAY SUFFER OR INCUR AS A RESULT OF (I) YOUR USE OR MISUSE OF THE SERVICES, (II) YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF PATHIO, OR ANY OTHER PERSON OR ENTITY, (III) YOUR VIOLATION OF ANY APPLICABLE LAW, INCLUDING WITHOUT LIMITATION ANY PRIVACY OR DATA SECURITY LAW OR REGULATION. OR (IV) YOUR VIOLATION OF THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, PATHIO RESERVES THE RIGHT TO PARTICIPATE IN THE DEFENSE OF ANY SUCH CLAIM, SUBJECT TO YOUR INDEMNIFICATION OBLIGATION.
Disputes and Interpretation
This Agreement is governed by and interpreted under the laws of the State of Nebraska and the federal laws of the United States, without regard to conflicts of laws principles. This Agreement and access to the Services will be deemed to have been performed and occurred in the State of Nebraska and the courts of that State will have exclusive jurisdiction to entertain any action arising under this Agreement. You hereby irrevocably submit to the exclusive jurisdiction and venue of the stated and federal courts with jurisdiction over the County of Lancaster, Nebraska, as applicable, and waive any objections as to personal jurisdiction, venue and forum non-conveniens.
Irrespective of the foregoing, any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial or other Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
In the event of any dispute, the prevailing party shall be entitled to recovery of its reasonable attorneys’ fees and costs. Except as otherwise prohibited by applicable law, any cause of action or claim with respect to the Services must be commenced within one (1) year after the action or claim arises. Certain provisions, by their nature or as explicitly stated, will survive any termination or expiration of this Agreement. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition will be severable and shall not affect the validity and enforceability of any remaining condition.
If you have any questions about the Terms & Conditions of Use, please contact us at: firstname.lastname@example.org.