HealthSteps is an application to help with the management of care, but does not replace your healthcare provider’s instructions. Because of the sensitive nature of medical data, such as the data collected by the HealthSteps software, the use of HealthSteps is governed by the following terms. Please review these terms. If you do not agree with them, please discontinue the use of HealthSteps immediately.
This End User License Agreement (“Agreement”) sets forth the terms and conditions upon which you may download and use the HealthSteps software application, related services, and all updates, enhancements, and upgrades provided to you (collectively, “the Software”) by HealthSteps, LLC (herein, “HealthSteps”), located at 747 SW 2nd Ave. IMB # 37, Gainesville, FL USA, and/or its authorized distributors. “You”, “your”, “yourself” means you, as an individual.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THE SOFTWARE. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT HEALTHSTEPS’S LIABILITY TO YOU. BY USING THE SOFTWARE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, THE PROVISIONS, DISCLOSURES, AND DISCLAIMERS SET FORTH IN THIS AGREEMENT ARE FAIR AND REASONABLE, AND YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THIS AGREEMENT IS VOLUNTARY.
HealthSteps grants you a limited, non-exclusive, non-transferable, revocable license to use the Software. You may only use the Software on devices that you own or control. This license governs any updates of the Software provided by Licensor that replace and/or supplement the original Software, unless such update is accompanied by a separate license in which case the terms of that license will govern. You agree to comply with all terms, conditions, and restrictions set forth in this Agreement. You acknowledge that any use of the Software not in compliance with this Agreement invalidates this license and may be prosecuted to the full extent of the law.
The Software is licensed, not sold, to you by HealthSteps for use only under the terms of this Agreement. HealthSteps reserves all rights not expressly granted to you. You may own the media on which the Software is stored, but HealthSteps retains ownership of the Software itself.
Except as expressly set forth in this Agreement, you agree not to reverse engineer, de-compile, disassemble, alter, duplicate, modify, rent, lease, loan, sublicense, make copies, create derivative works from, distribute or provide others with the Software, in whole or part, or transmit or communicate the Software over a network or to any third party. You agree not to lease, loan, sublicense, distribute, or otherwise provide others access to or with any aspect of the Software, except as expressly permitted in this Agreement. Further, you agree not to develop, sell, or distribute applications that are capable of launching, being launched from, or are otherwise integrated with, the Software or content accessed through the Software without the express written permission of HealthSteps.
You acknowledge and agree that the Software may be used to transmit, collect, access, manage, and display Patient Information by and among you and other authorized Healthcare Providers, and their employees and contractors. You acknowledge and agree that Patient Information related to your treatment may be stored by HealthSteps and/or its licensees and service providers in connection with providing the Software and its related services, as well as shared among other users of the Software and its related services. You acknowledge and agree that the Patient Information stored by HealthSteps shall not serve as the system of record for You, personal representative of You, health care provider, any business associate of a health care provider, or any affiliates of the foregoing. “Patient Information” means, collectively, information and data related to the provision of health care, Your health status, medical records, and related information and documents, including consent to treatment forms, authorization to disclose medical information forms, Medicare forms, Medicaid forms, living wills, Directives to Physicians and Family or Surrogates, Medical Powers of Attorney, Out-of-Hospital Do-Not-Resuscitate Orders, Declarations of Mental Health Treatment, images, reports, and lab and test results, medical treatments, and other “protected health information,” as defined under HIPAA and similar terms as defined by state, national, or international Law.
HealthSteps does not provide medical advice, diagnosis, or treatment. You acknowledge and agree that the Software is merely a conduit of information and the provision of healthcare by independent third party healthcare providers including physicians, physician assistants, nurses, paramedics, emergency care responders, other physician extenders, healthcare systems, healthcare facilities, or other providers of healthcare services (collectively, “Healthcare Provider(s)”). You acknowledge and agree that the Healthcare Providers are solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all medical services, advice, instructions, treatment decisions, and other professional health care services performed.
You further acknowledge and agree that HealthSteps does not provide or endorse any medical advice on or through the Software and no information obtained through the Software can be so construed or used. HealthSteps will have and exercise absolutely no control, authority, or supervision over the provision of any medical services or other professional health care services. The use of the Software, all text, graphics, images, audio content, audiovisual content, data, other materials and any other information provided on or entered into or made available through the Software, including all healthcare related information, whether provided by you or other third parties, (collectively, “Content”) is solely your responsibility. HealthSteps will make all reasonable efforts in accordance with applicable laws and agreements to safeguard the integrity and availability of the Content. Further, when using the Software, information may be transmitted over a medium that may be beyond the control and jurisdiction of HealthSteps and its suppliers. Accordingly, HealthSteps assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Software that is reasonably determined to be beyond HealthSteps’s control. Accordingly, you acknowledge and agree that HealthSteps is not responsible for medical services, advice, instructions, diagnoses, treatments, procedures, and other services in connection with using the Software or otherwise.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ANY SERVICES PERFORMED OR PROVIDED BY THE SOFTWARE (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.