Apricity@Work Terms of Service
Last updated: Aug 27th, 2020
Welcome to the Terms of Service for the ApricityRx Platform and its hosted Solutions.
The ApricityRx Platform, the Apricity Health website, and all hosted Solutions (collectively, the “ApricityRx Solutions”) are owned by Apricity Health, LLC and its subsidiaries involved in providing and supporting the ApricityRx Solutions (collectively, “we,” “our,” “us,” “Apricity,” or “Apricity Health”).
This Agreement applies to your use of any of the ApricityRx Solutions. Features and specifications of products or services described or depicted herein are subject to change at any time without notice. You will not use any of the ApricityRx Solutions, in a manner inconsistent with (i) this Agreement, or (ii) any and all applicable laws and regulations.
This Agreement provides a nonexclusive, limited and revocable rights to access and use the ApricityRx Solutions during the paid subscription term of your ApricityRx Solution, so long as you comply with the terms of this Agreement.
ApricityRx Solutions consist of various software-based products and services to help patients, healthcare providers, employees employed by the employers, or workers contracted by business owners, or their visitors and customers. Under the ApricityRx Solutions product suites, we currently provide:
1. ApricityCare: Software application product for patients and their delegates to use to interact with healthcare providers.
2. ApricityHealth and ApricityOncology: Software application products for healthcare providers to interact with and manage the subscribed patients.
3. Apricity@Work: Software application product for both employers or business owners and their employees, contractors, visitors or customers.
4. Apricity@School: Software application product for both school administrators and students or their delegates.
You may use one or more of the ApricityRx Solutions, as improved, enhanced, and expanded from time to time, and their respective services simultaneously under this Terms of Service.
No Medical Advice
The ApricityRx Solutions do not offer medical advice. Any services or content provided or accessed through the ApricityRx Solutions, are for informational purposes only, and are not intended to cover all possible uses, directions, precautions, drug interactions, or adverse effects. Please consult your doctor or other qualified healthcare professional if you have any questions about a medical condition, or before taking any drug, changing your diet or commencing or discontinuing any course of treatment. Do not ignore or delay obtaining professional medical advice because of information accessed through the ApricityRx Solutions. Call 911 or your doctor for all medical emergencies. APRICITY HEALTH IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU MAY OBTAIN THROUGH THE APRICITYRX SOLUTIONS.
The ApricityRx Solutions are owned by Apricity Health. You agree not to use the ApricityRx Solutions for any other purpose, including commercial purposes, such as co-branding, framing, linking, or reselling any portion of the ApricityRx Solutions without our prior written consent.
The ApricityRx Solutions include materials that are derived in whole or in part from materials that are copyrighted, including the format and layout of the ApricityRx Solutions. The copyright is owned by ApricityRx, or for licensed content, by the content providers.
None of the names, trademarks, service marks and logos of Apricity Health or third parties appearing on the ApricityRx Solutions, or any other of our trademarks, may be used in any advertising or publicity, or otherwise to indicate Apricity Health's or such third party’s sponsorship of or affiliation with any product or service without express written permission of Apricity Health or such third party. Nothing contained within the ApricityRx Solutions should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right of use to any trademark displayed on or through the ApricityRx Solutions, or any other intellectual property of ours, without the written permission of Apricity Health or the third party owner of the trademark, or other intellectual property, if any. The ApricityRx Solutions may contain other proprietary Apricity Health notices and copyright information, the terms of which must be observed and followed by you.
WE DO NOT ACCEPT ANY LIABILITY ARISING OUT OF ANY ALLEGATION THAT THE APRICITYRX SOLUTIONS OR ANY CONTENT THEREIN INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ANY LIABILITY ARISING THEREFROM.
Right to use ApricityRx Solutions
We grant you the right to access and use the AprcityRx Solutions. You are prohibited from transferring this right to anyone else, or to sell, give away or transfer your user account to anyone else. Your right to access the AprcityRx Solutions does not preclude us granting other persons the right to access the AprcityRx Solutions.
Your Account and your Use of the ApricityRx Solutions
You must provide accurate and complete registration information any time you register to use the ApricityRx Solutions. It is your responsibility to provide us with a true, accurate and complete e-mail address, physical mailing address, and other information related to your account(s), and to maintain and update promptly any changes in this information. For the ApricityRx Solutions, you are responsible for maintaining the confidentiality and security of your password and account, and you are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Apricity Health of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Apricity shall not be liable for any loss or damage arising from your failure to comply with these Terms of Service. To protect your confidential healthcare information, it is good practice to enable a touch ID, fingerprint ID or passcode on your smartphone. The following actions are expressly prohibited in relation to your user name and password:
1. Sharing, disclosing, permitting access to or otherwise facilitating the use by any person of your user name and password;
2. Using the username and password to cache the ApricityRx Solutions in such a manner as to be accessible by persons who have not registered with the applicable ApricityRx Solution; or
3. Using the username and password to permit multiple persons access to the ApricityRx Solutions through a local or wide area network.
If you have forgotten your password, we will use an email address provided by you during member registration to send your temporary password. You understand that others using the same email address will be able to gain access to your account information.
Your use of the ApricityRx Solutions and any content accessed through the ApricityRx Solutions must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software. You must be at least 18 years old to register and use the ApricityRx Solutions, or you must be the legal guardian for someone under age 18 whose data is accessed through the ApricityRx Solutions. You may not interfere with or disrupt the proper operation of the ApricityRx Solutions.
If you use mobile services to enter and maintain your personal information, you understand that you are responsible for safeguarding and securing your mobile device and the associated credentials (such as user identifiers and passwords). If you leave your mobile device unattended, or if it is lost or stolen, you understand that your personal information may be accessible to others.
Computer Equipment; Browser Access and Internet Services - With the exception of equipment that may be supplied to you by us, you are responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment (collectively, "Systems") necessary for you to access and use the ApricityRx Solutions. This responsibility includes, without limitation, your utilizing up to date web-browsers and the best commercially available encryption, antivirus, anti-spyware, and internet security software. You are additionally responsible for obtaining Internet services via the Internet service provider of your choice, for any and all fees imposed by such Internet service provider and any associated communications service provider charges. You acknowledge that there are certain security, corruption, transmission error, and access availability risks associated with using open networks such as the Internet, and you hereby expressly assume such risks. You acknowledge that you are responsible for the data security of the Systems used to access the ApricityRx Solutions, and for the transmission and receipt of information using such Systems. You acknowledge that you have requested access to the specific ApricityRx Solutions for your convenience, have made your own independent assessment of the adequacy of the Internet and Systems, and that you are satisfied with that assessment. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or your System.
Content and Services Accessed through the ApricityRx Solutions - You may choose to allow a third-party service provider (such as a Personal Health Record or PHR) to retrieve, provide, modify or otherwise use health and other information in your account or otherwise share your information with the service provider. Once you enable a specific third-party service provider to access your account, such service provider may continue to access your account until you affirmatively disable access. Third-party service providers include both health care providers and other entities. It is your sole responsibility to review and approve each such third-party service before sharing your information through or otherwise accessing it. USE OF THESE SERVICES AND RELIANCE ON THIS CONTENT IS SOLELY AT YOUR OWN RISK. APRICITY HEALTH MAY NOT BE HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF ANY THIRD-PARTY SERVICE OR CONTENT.
Links to Other Sites - The ApricityRx Solutions may contain third party-owned content (e.g., articles, data feeds, abstracts, etc.) and may also include hypertext links to third party-owned web sites. We provide such third party content and links as a courtesy to our users. We have no control over any third party-owned web sites or content referenced, accessed by or available through the ApricityRx Solutions and, therefore, we do not endorse, sponsor, recommend or otherwise accept any responsibility for such third party web sites or content or for the availability of such web sites. IN PARTICULAR, WE DO NOT ACCEPT ANY LIABILITY ARISING OUT OF ANY ALLEGATION THAT ANY THIRD PARTY-OWNED CONTENT (WHETHER PUBLISHED ON THE APRICITYRX SOLUTIONS, OR ANY OTHER, WEB SITE) INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ANY LIABILITY ARISING OUT OF ANY INFORMATION OR OPINION CONTAINED ON SUCH THIRD PARTY WEB SITE OR CONTENT. If you click on links to third party sites from ApricityRx Solutions, you should consult the policy statements of each site you visit.
Message frequency is recurring/ongoing based on your preferences as indicated under “Contact Method” in your account. Consent to receive SMS text messages is not required as a condition of registering for or using the ApricityRx Solutions. Texts may be sent using an automatic telephone dialing system. If you do consent to receive SMS text messages, you acknowledge that such messages will be sent to the phone number you provide to ApricityRx. Such messages may include protected health information (PHI) based on your account preferences, and whoever has access to devices connected to that number will also be able to see this information. You acknowledge that if you select to receive PHI via SMS text messages, you may receive such information through an unencrypted method of communication and that information contained in an unencrypted message is at risk of being intercepted and read by, or disclosed to, unauthorized third parties, as your mobile operator’s SMS text messaging system may not be a secure method of communication.
Message and data rates may apply. For Support, email firstname.lastname@example.org.
The ApricityRx Solutions also offers access to messages via email alerts. You acknowledge that alerts will be sent to the email address you provide to ApricityRx. Such alerts may include protected health information (PHI) based on your account preferences, and whoever has access to the email address will also be able to see this information. You acknowledge that if you select to receive PHI via email alert, you may receive such information through an unencrypted method of communication and that information contained in an unencrypted email is at risk of being intercepted and read by, or disclosed to, unauthorized third parties, as your email service provider may not be a secure method of communication.
By enrolling to receive ApricityRx SMS messages and/or email alerts, you agree to these Terms of Service, which become effective upon your enrollment.
Disclaimer of Warranty; Limitation of Liability - THE APRICITYRX SOLUTIONS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. APRICITY HEALTH, ITS OFFICERS, DIRECTORS, EMPLOYEES, CLIENTS AND ITS SUPPLIERS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE INFORMATION, SERVICES AND MATERIALS CONTAINED ON THE APRICITYRX SOLUTIONS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOUR USE OF THE APRICITYRX SOLUTIONS ARE AT YOUR OWN RISK. ACCESS TO THE APRICITYRX SOLUTIONS MAY BE INTERRUPTED AND INFORMATION, SERVICES AND MATERIALS MAY NOT BE ERROR-FREE. NONE OF APRICITY HEALTH, ITS OFFICERS, DIRECTORS, EMPLOYEES, CLIENTS, ITS SUPPLIERS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE APRICITYRX SOLUTIONS OR THE INFORMATION, SERVICES AND MATERIALS CONTAINED THEREIN ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, SERVICES AND MATERIALS PROVIDED ON THE APRICITYRX SOLUTIONS; THEY ALSO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE APRICITYRX SOLUTIONS, OR YOUR INABILITY TO USE THE APRICITYRX SOLUTIONS FOR ANY REASON. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE APRICITYRX SOLUTIONS WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Applicable Law - This Agreement and the resolution of any and all disputes related to this Agreement shall be construed in accordance with the laws of the State of Texas. Any dispute between Apricity Health and you related to this Agreement shall be resolved exclusively by the state and federal courts of the State of Texas.
The ApricityRx Solutions can be accessed from the United States. Since the laws of each State or country may differ, you agree that the statutes and laws of the State of Texas, without regard to any principles of conflicts of law, will apply to any and all matters relating to the use of the ApricityRx Solutions.
The ApricityRx Solutions will be provided by Apricity Health without regard to your race, national origin, sex, veteran status, age, disability, diagnosis or religious affiliation.
Modification and Termination of the ApricityRx Solutions - Apricity Health reserves the right to terminate accounts for any reason it deems appropriate including, but not limited to, a belief that your conduct or your use of the ApricityRx Solutions violates applicable laws or is harmful to the interests of Apricity Health or any other users. Apricity Health also may place limits on, modify, suspend or terminate the ApricityRx Solutions generally, and may suspend or terminate your use of the ApricityRx Solutions if you fail to comply with this Agreement. This suspension or termination may delete your information, files, and other previously available content. If Apricity Health terminates the ApricityRx Solutions or your use of the ApricityRx Solutions, this Agreement where it pertains to those solutions will also terminate.
Prohibited Uses: You agree not to do any of the following:
· Download, copy, or re-transmit any or all of the ApricityRx Solutions without, or in violation of, a written license or agreement with Apricity Health;
· Use the ApricityRx Solutions in any manner that could disable, overburden, damage or impair the ApricityRx Solutions or interfere with any other party’s use of the Apricity Solutions including their ability to engage in real time activities through the ApricityRx Solutions;
· Use any robot, spider, other automatic device process or means, or similar data gathering, data mining, or extraction methods to access the ApricityRx Solutions for any purpose including monitoring or copying any of the material on the ApricityRx Solutions;
· Use any manual process to monitor or copy any of the material on the ApricityRx Solutions or for any other unauthorized purpose without the prior written consent of Apricity Health;
· Use any device, software or routine that interferes with the proper working of the web/Internet;
· Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the web/Internet or the server on which the ApricityRx Solutions is hosted;
· Attack the ApricityRx Solutions via a denial-of-service attack or a distributed denial-of-service attack;
· Attempt to interfere with the proper working of the ApricityRx Solutions, including but not limited to through hacking, ransoming, or other attacks upon the services provided by and function of the ApricityRx Solutions;
· Use the ApricityRx Solutions to fraudulently misrepresent yourself, impersonate another person, engage in false advertising; to defraud or defame any person, or to engage or otherwise participate in any ponzi scheme, pyramid scheme, chain letter, unsolicited bulk or commercial emails, or to collect any personal or personally identifiable information from any user of the ApricityRx Solutions with that person’s knowledge or consent;
· Distribute the content of the ApricityRx Solutions for any purpose including without limitation compiling an internal database, redistributing or reproduction of the content by the press or media, or through any commercial network, cable or satellite system;
· Create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the content or ApricityRx Solutions in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise;
· Post any content or submissions on ApricityRx Solutions, including any messages, ads, data, images, text illustrations, articles, photographs, or audio or video clips that might be considered by a reasonable person to be obscene or that contain racial, ethnic, religious slurs or derogatory epithets, or that advocate violence or hate, is threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, harassing in nature, profane or indecent material of any kind including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or violate any local, state, provincial, territorial, federal or other law, infringe any person’s privacy or personal information, identify or make it easy to identify any person’s present or future location, that contain language that is otherwise deemed offensive by ApricityRx, or that contains software viruses, corrupted data, cancel bots, commercial solicitations, or mass mailings or any form of “spam”;
· Use the ApricityRx Solutions in any manner that promotes and/or enables illegal or unlawful activities;
· Permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of ApricityRx or its licensors or allow any third-party to access the content;
· Use the ApricityRx Solutions other than for its intended purpose, or in any manner not expressly permitted in these Terms of Service;
· Remove any copyright, trademark, or other proprietary rights notice from the ApricityRx Solutions or any content;
· Create a database by downloading and saving content from the ApricityRx Solutions,
· Delete or revise any content on the ApricityRx Solutions;
· Transmit, disclose, collect or store personal information or personal health information about others without express permission to do so; or
· Attempt to defeat any security measures that We take to protect the ApricityRx Solutions.
Such unauthorized use is a material breach of these Terms of Service, and may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.
Confidentiality & Data Security. THERE IS NO GUARANTEE THAT INFORMATION OR PERSONAL INFORMATION ON THE APRICITYRX SOLUTIONS OR ON THE INTERNET, OR SUBMISSIONS TO THE APRICITYRX SOLUTIONS OR THROUGH THE INTERNET WILL BE MAINTAINED CONFIDENTIAL AND SECURE. THE USE OF THE APRICITYRX SOLUTIONS AND THE CONTENT IS AT YOUR OWN RISK AND APRICITY HEALTH ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE CONTENT, YOUR USE OF THE APRICITY SOLUTIONS OR THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF YOUR INFORMATION OR PERSONAL HEALTH INFORMATION.
Representations and Warranties. With respect to all information and content that you provide to Apricity Health and the ApricityRx Solutions (collectively the “submissions”), you acknowledge and agree that you are solely responsible for rights clearance and accuracy, and you hereby represent and warrant that you own all rights, title, and interest in the submission(s) or have the full right, power and authority to grant the rights granted herein, free and clear of any claims, liens, encumbrances, or violations of any other agreement. You also represent and warrant that you are not aware of any investigation, claim, or litigation involving the submission(s); the submission(s) does not violate or infringe the rights of any other party (or person) or the laws or regulations of any government or judicial authority; and the submission(s) is accurate to the best of your knowledge. You also represent that you have taken all necessary action to enter into, execute, and perform under these Terms of Services both on your behalf and on behalf of any person or organization pursuant to which you use the ApricityRx Solutions or provide any submission(s).
Injunctive Relief. You acknowledge that any breach, whether threatened or actual, of these Terms of Services, including, without limitation, with respect to unauthorized use of ApricityRx proprietary rights or assets, will cause irreparable injury to Apricity Health, such injury would not be quantifiable in monetary damages, and Apricity Health would not have an adequate remedy at law. You therefore agree that Apricity Health shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of these Terms of Service. Accordingly, you hereby waive any requirement that Apricity Health post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Apricity Health to enforce any provision of these Terms of Service.
General Legal Terms - If you have not signed a separate written agreement with Apricity Health related to the ApricityRx Solutions, this Agreement is the entire agreement between you and Apricity Health related to the ApricityRx Solutions, replacing any prior agreements. If there is any conflict between this Agreement and a signed written agreement between you and Apricity Health related to the ApricityRx Solutions, this Agreement will control. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the remaining provisions of the Agreement remain in full force, provided that the essential terms and conditions of this Agreement remain valid, binding and enforceable and the economic and legal substance of the transactions contemplated by the Agreement are materially preserved. The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations. Nothing in this agreement creates an agency, partnership, or joint venture. Failure to enforce any provision will not constitute a waiver of that provision.
Waiver & Severability. Failure to insist on strict performance of any of the terms and conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by Apricity Health of any right under these Terms of Service will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of these Terms of Service is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect.
Force Majeure. ApricityRx’s performance under this Agreement may be subject to, without penalty to Apricity Health, interruption and delay due to causes beyond its reasonable control, such as acts of God, acts of any government or governmental authority, war or other hostility, terrorism, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor dispute, pandemics, epidemics, inability to obtain necessary supplies, inability of any computer system or software to properly calculate dates.
Exclusion: We expressly exclude the UN Convention on Contracts for the International Sale of Goods, and the International Sale of Goods Act Ontario as amended, replaced or re-enacted from time to time. You agree to waive any right you may have to: (i) a trial by jury; and (ii) commence or participate in any class action against Apricity Health related to the ApricityRx Solutions, the ApricityRx Solutions content, the ApricityRx services or products, or this Agreement and, where, applicable, you also agree to opt out of any class proceedings against Apricity Health, its agents, or its licensors. We have required that this Agreement and all documents relating thereto be drawn-up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.
Interpretation: The division of these Terms of Service into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of these Terms of Service. In these Terms of Service, words importing the singular number include the plural and vice versa; words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations.
Enurement: These Terms of Service shall inure to the benefit of and be binding upon each of Apricity Health and you, and Apricity Health’s and your respective successors and permitted assigns. You acknowledge having read these Terms of Service before accepting it and having the authority to accept these Terms of Service.
Right to Change Terms of Service - Apricity Health may, at any time and from time to time, amend this Agreement. Any changes to this Agreement will be effective immediately upon posting of the changed Terms of Service. You agree to review the Terms of Service periodically and use of the ApricityRx Solutions constitutes your agreement to follow and be bound by this Agreement as amended.
Contact Us: Apricity Health, LLC. is headquartered in Houston, Texas, in the United States of America. If you have any questions about the email@example.com or these Terms of Service, please contact Apricity Health at the following address:
ApricityRx Health, LLC
3262 Westheimer Rd. Suite #762
Houston, TX 77098
Specific questions and comments should be directed to the appropriate department via our company website – www.apricity-health.com. While we make every effort to respond to all emails within five business days, we cannot guarantee a response to every electronic communication.
© Apricity Health, LLC, 2020.