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TERMS OF USE FOR
SPECTRA’S DIGITAL PLATFORMS

IF YOU HAVE A MEDICAL EMERGENCY, YOU ARE INSTRUCTED TO IMMEDIATELY CALL EMERGENCY PERSONNEL (911). DO NOT RELY ON THESE DIGITAL PLATFORMS OR THE INFORMATION PROVIDED THROUGH ANY DIGITAL PLATFORM FOR EMERGENCY OR URGENT MEDICAL NEEDS. THIS DIGITAL PLATFORM IS NOT DESIGNED TO ASSIST WITH EMERGENCY OR URGENT MEDICAL NEEDS. SPECTRA DOES NOT AND CANNOT GUARANTEE RESPONSES OR RESPONSE TIMES IF THIS DIGITAL PLATFORM IS USED IN THE EVENT OF MEDICAL EMERGENCIES.

THIS DOCUMENT DETAILS THE TERMS OF A LEGAL AGREEMENT (THE “TERMS OF USE”) BETWEEN YOU AND SPECTRA AT BLUE SKY THERAPY, LLC, D/B/A SPECTRA (“SPECTRA”). BY ACCESSING AND/OR USING THE DIGITAL PLATFORMS (DEFINED BELOW), YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS OF USE, THE END USER LICENSE AGREEMENT, AND OUR PRIVACY POLICY, WHICH ARE INCORPORATED BY REFERENCE AS IF SET FORTH FULLY HEREIN, AND, HAVING READ AND UNDERSTOOD YOU VOLUNTARILY AGREE TO BE BOUND BY THEM. YOU ALSO AGREE TO COMPLY WITH ALL LAWS AND REGULATIONS APPLICABLE TO THE USE OF ANY OF THE DIGITAL PLATFORMS, USE OF THE INTERNET, AND TO THE ACTIVITIES INVOLVED IN USING THE DIGITAL PLATFORMS.

IF YOU DO NOT AGREE, THEN DO NOT USE THE DIGITAL PLATFORMS.


Spectra’s “Digital Platforms” or “App” are defined as Spectra’s website as well as Spectra’s mobile applications.

By visiting and using any Digital Platform, you acknowledge and accept the following terms of use:

Your medical condition is unique to you. The information provided through any Digital Platform is designed to support not replace, the relationship that exists between you and your physician and health care team.

Spectra’s Digital Platform’s allows you to create or participate in multiple groups to securely view and communicate about a patient’s medical care and treatment (“Groups”). Groups may be comprised of family members, friends, physicians, and other healthcare providers and professionals.

The Digital Platforms are controlled by Spectra from its offices within the State of Ohio. Visitors who choose to visit any Digital Platform from this or other jurisdictions do so on their own initiative. Those visitors are solely responsible for compliance with all applicable federal, state, local and foreign laws, rules and regulations in connection with their use of any Digital Platform.

Venue and Jurisdiction:

Claims arising from or related to any Digital Platform, to the use of any Digital Platform, and to the information, content, material, and services available through any Digital Platform are governed by the laws of the State of Ohio. You hereby unconditionally, voluntarily, and irrevocably consent to submit to the exclusive jurisdiction and venue of the state and federal courts located in Ohio with respect to any claims arising from or related to any Digital Platform, your use of any Digital Platform and any information received through any Digital Platform. You agree not to plead forum non conveniens in any such action. You consent to service of process.

Privacy:

By using any Digital Platform you may be required to provide Spectra certain personal data in accordance with the Spectra Privacy Policy (“Privacy Policy”). This data may include, but is not limited to: (a) first and last name, (b) mobile phone number, and (c) device data including, but not limited to, IP address, Operating System version, and language (“Personal Data”). Spectra will also process and store healthcare communications, such as treatment and care conversations and related media such as photographs between you and members of your Groups (“Healthcare Communications”). You hereby agree to allow Spectra and the Digital Platforms to access, store and use any information directly related to the Digital Platforms other than Healthcare Communications, including, without limitation, Personal Data. However, all Healthcare Communications transmitted within or on the Digital Platforms, including healthcare information and related media, while processed and stored by Spectra, are encrypted and the content of Healthcare Communications is not accessed by Spectra unless expressly requested by the owner(s) of this information within a Group and/or as required by law.

Spectra agrees to comply with all applicable privacy laws in connection with its collection, storage and use of Personal Data and Healthcare Communications, including, but not limited to the Health Insurance Portability and Accountability Act of 1996, and the rules and regulations promulgated thereunder, as amended. (‘HIPAA”). The Privacy Policy is incorporated herein by reference.

Change of Terms:

The Terms of Use may be changed without notice. Your continued use of any Digital Platform after the Terms of Use are changed indicates your acceptance of the new Terms of Use. If you do not agree with the new Terms of Use, then discontinue your use of any Digital Platform.

Alteration of Site:

Spectra may change, suspend or discontinue any feature, aspect, product or service available through any Digital Platform at any time. Spectra may alter the availability of any feature of any Digital Platform or service related to any feature of any Digital Platform at any time. Spectra may add, remove or modify any content of any Digital Platform, including that of third parties, at any time.

Limitation on Usage:

Spectra may limit your access to any part of any Digital Platform without notice to you. Spectra may terminate your use of any Digital Platform at any time.

Visitor On-line Conduct:

You further agree:

Spectra reserves the right to prohibit any conduct involving any Digital Platform that it deems to be inappropriate or illegal. Spectra may prohibit, discontinue or restrict your access to any Digital Platform or particular pages of any Digital Platform if you violate these Terms of Use. If you are provided or select a user name or password to access any Digital Platform or any page of any Digital Platform, you are responsible to keep such user name and password private, secure, and strictly confidential.

Children Under the Age of 13:

Spectra does not knowingly or intentionally collect personal information from children under the age of 13. The content of any Digital Platform is directed at adults and is intended for use only by adults over the age of 13. If you are under the age of 13, you may not submit any personal information to Spectra at or through any Digital Platform and should consult with an adult for assistance in using any Digital Platform.

Links to and from Other Web Pages:

You may gain access to other websites via links on our Digital Platforms. These Terms of Use apply to Spectra’s Digital Platforms and do not apply to other parties’ websites or applications. Similarly, you may have come to any Digital Platform via a link from another website. The terms of use of other websites do not apply to any Digital Platform. Only these Terms of Use apply to any Digital Platform. Spectra assumes no responsibility for any terms of use or material outside any Digital Platform accessed via any link.

Links to third party websites or information are not intended, and should not be interpreted by users, as constituting or implying Spectra’s endorsement, sponsorship or recommendation of the third party information, or products or services found there.

Copyright, Trademark and Intellectual Property:

All information, content and material made available by Spectra through any Digital Platform, including, without limitation, any computer code, design, text, drawings, photographs, graphics, sound recordings and video recordings as well as any copyrights, trademarks, patents or other intellectual property or proprietary rights comprising the Digital Platform or any component or element of the Digital Platform (collectively, the “Content”) is owned by or licensed to Spectra. The compilation of the Content on any Digital Platform is the exclusive property of Spectra and its licensors and is protected by U.S. and international copyright law.

Spectra and its licensors retain all rights in the Content of any Digital Platform. The Content may not be modified, copied, distributed, downloaded, displayed, e-mailed, transmitted, performed or sold in any form or by any means, in whole or in part, without the prior written consent of the respective owner thereof.

Spectra grants you permission to display and print the Content of any Digital Platform (other than the computer code comprising any Digital Platform) for your personal, non-commercial use only; provided, that, even if you display or print the Content of any Digital Platform as permitted hereunder, you may not modify, reproduce, transmit, distribute, publicly display or perform, or create derivative works from that Content and you must retain all copyright and other proprietary notices contained in or on the Content.

The Content may not be used in connection with any service or information that is not Spectra’s or in any manner that is likely to cause confusion among consumers or that disparages Spectra. The rights granted herein terminate automatically if you breach these Terms of Use. Upon termination of these rights, you must immediately destroy any Content you displayed or printed.

Spectra and all derivations thereof are trademarks of Spectra. Other marks used on the Digital Platforms are either registered trademarks, trademarks, trade names, service marks, or otherwise protected property of Spectra and may not be used, copied or imitated without the prior written consent of Spectra.

Digital Millennium Copyright Act, Transmission of Third Party Content:

You may not upload, post or otherwise distribute on any Digital Platform anything protected by copyright or other proprietary rights unless the owner of the applicable copyright or proprietary right has given you express authorization for such uploading, posting or distribution on the web.

The unauthorized use, uploading, posting, and/or distribution of Content protected by copyright or other proprietary rights is illegal and subjects the malfeasant to civil penalties and criminal prosecution.

Spectra, its affiliates, officers, directors, employees, agents or any such similarly situated persons or entities are not liable for damages resulting from any infringement resulting from your actions involving copyrighted or proprietary right protected material.

Spectra, pursuant to the federal Digital Millennium Copyright Act, designates its Privacy Officer to receive complaints and notices of suspected copyright infringements. If you believe that your work has been copied and is accessible on Spectra’s Digital Platforms in a way that constitutes infringement, you may notify Spectra by providing the Privacy Officer with the following information:

Spectra can be reached via e-mail at support@spectrahealth.us and by regular mail at Spectra, 510 W. Main Street, Suite B, Canfield, OH 44406, and Attention: Privacy Officer.

You are prohibited from uploading, posting or otherwise distributing on or through any Digital Platform any abusive, unlawful, threatening, obscene, pornographic, intimidating, libelous, defamatory or slanderous comments, jokes, images or content that are intended to or are likely to offend a reasonable person on the basis of his or her age, physical or mental disability, gender, race, religion, national origin, physical attributes, sexual preference, or any other classification that could produce any civil or criminal liability for either yourself or for Spectra, its affiliates, employees, agents or any such similarly situated persons or entities.

You are prohibited from impersonating anyone else or passing yourself off as someone else including, without limitation, any Spectra employee or any public figure.

You are prohibited from uploading, posting or otherwise distributing on or through any Digital Platform any content, information or other materials that infringe or violate the patent, copyright, trademark, trade secret, or other intellectual property or proprietary rights of any person or entity.

You hereby grant to Spectra and its affiliates, employees, agents and contractors an irrevocable, royalty-free , non-exclusive license to use, reproduce, modify, display, publicly perform, archive, store, distribute, transmit, reproduce, create derivative works from any content, information or other materials that you post, transmit, link, or upload at or to our Digital Platforms.

Ownership of Third Party Content:

Spectra may display Content supplied by visitors and other third parties on our Digital Platforms. Spectra maintains no editorial control over this Content. The Content supplied by visitors and other third parties belongs to the respective owners of that Content.

Our Digital Platforms may offer weblogs, forums and other interactive areas where users post, transmit, link or upload content, information and other materials, or post opinions, and share ideas or other information. Spectra cannot and does not pre-screen, approve, or monitor all of the content, information and other materials posted, transmitted, linked or uploaded by users of our Digital Platforms or other third parties. Spectra shall have the right, in its sole discretion, to refuse, delete or move any content, information or other materials available on our Digital Platforms, and reserves the right to delete any posting, message or other content, information or materials at any time, for any reason or no reason.

SPECTRA, ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS AND ANY SUCH SIMILARLY SITUATED PERSONS OR ENTITIES (“WE”) DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS OR EXISTENCE OF ANY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES. WE DO NOT WARRANT THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES.

WE SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY LOSS, DAMAGE OR HARM TO PROPERTY OR PERSON CAUSED BY YOUR OR ANYONE ELSE'S RELIANCE ON CONTENT AVAILABLE ON ANY DIGITAL PLATFORM THAT IS THE PROPERTY OF VISITORS OR THIRD PARTIES. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING AND ACTING ON ANY CONTENT AVAILABLE ON ANY DIGITAL PLATFORM.

Disclaimers:

ANY DIGITAL PLATFORM IS PROVIDED “AS-IS” AND “AS-AVAILABLE”. SPECTRA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE OPERATION OF ANY DIGITAL PLATFORM, THE CONTENT, INFORMATION, AND/OR SERVICES AVAILABLE ON OR THROUGH ANY DIGITAL PLATFORM.

THE COMPANY DOES NOT GUARANTEE THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY INFORMATION PROVIDED AT OR THROUGH ANY DIGITAL PLATFORM (BY LINK OR OTHERWISE) AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, OR FOR THE RESULTS OBTAINED FROM USE OF SUCH INFORMATION.

YOU AGREE THAT SPECTRA IS NOT RESPONSIBLE FOR AND CANNOT GUARANTEE AGAINST THE INTRODUCTION OF VIRUSES OR WORMS, OR UNAUTHORIZED USERS ATTEMPTING TO ACCESS, OR OBTAINING ACCESS TO ANY DIGITAL PLATFORM OR YOUR COMPUTER OR OTHER SYSTEMS FROM OR THROUGH ANY DIGITAL PLATFORM.

SPECTRA MAY TEMPORARILY OR PERMANENTLY SUSPEND ACCESS TO OR DISCONTINUE ANY DIGITAL PLATFORM OR ANY PAGE OF ANY DIGITAL PLATFORM AT ITS DISCRETION, AT ANY TIME, WITHOUT NOTICE.

YOU AGREE TO VISIT ANY DIGITAL PLATFORM SOLELY AT YOUR OWN RISK. YOU AGREE THAT YOUR USE OF ANY DIGITAL PLATFORM, AND ANY CONTENT, INFORMATION AND/OR SERVICES AVAILABLE THROUGH ANY DIGITAL PLATFORM IS SOLELY AT YOUR OWN RISK.

WE DO NOT WARRANT THAT ANY DIGITAL PLATFORM WILL BE AVAILABLE AT ALL TIMES OR THAT A VISITOR’S USE WILL BE CONTINUOUS AND/OR ERROR FREE. WE DO NOT MAKE ANY WARRANTIES THAT THE CONTENT, INFORMATION AND/OR SERVICES AVAILABLE THROUGH ANY DIGITAL PLATFORM ARE ACCURATE, RELIABLE, OR CURRENT.

SPECTRA DISCLAIMS, TO THE MAXIMUM EXTENT PERMISSIBLE, ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT IN RELATION TO THE CONTENT, INFORMATION, SERVICE OR PRODUCTS PROVIDED AT, THROUGH OR IN CONNECTION WITH ANY DIGITAL PLATFORM.

Limitation of Liability:

NEITHER WE, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, SERVING, HOSTING, MAINTAINING AND/OR UPDATING ANY DIGITAL PLATFORM SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY DIGITAL PLATFORM OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES ARISING FROM HARM INCLUDING, BUT NOT LIMITED TO INJURY TO PROPERTY OR PERSON, MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF E-MAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS, THAT RESULT FROM YOUR USE OF OR INABILITY TO USE ANY DIGITAL PLATFORM, RESULTING FROM ACTS INCLUDING BUT NOT LIMITED TO ACTS OUTSIDE OF OUR CONTROL, NETWORK FAILURE, HARDWARE OR SOFTWARE FAILURE, THEFT, INTERNET FAILURE, UNAUTHORIZED ACCESS, THE COMPANY'S NEGLIGENCE OR YOUR OWN ERRORS AND/OR OMISSIONS AND ANY OTHER CAUSE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THIS SECTION APPLIES TO ALL CONTENT, GOODS AND SERVICES AVAILABLE THROUGH ANY DIGITAL PLATFORM. IN ANY JURISDICTION WHERE EXCLUSION OR LIMITATION OF LIABILITY FOR ANY TYPE OF DAMAGES IS PROHIBITED, SPECTRA’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT ALLOWED BY THAT JURISDICTION. IF YOUR USE OF ANY DIGITAL PLATFORM OR THE CONTENT, INFORMATION, PRODUCTS OR SERVICES PROVIDED AT, THROUGH OR IN CONNECTION WITH ANY DIGITAL PLATFORM OR ANY OTHER WEBSITE LINKED TO ANY DIGITAL PLATFORM RESULTS IN ANY LOSS TO YOU, OR RESULTS IN THE NEED FOR ANY SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME RESPONSIBILITY FOR ALL SUCH LOSSES AND ALL COSTS ARISING THEREFROM OR ASSOCIATED THEREWITH.

No Joint Venture:

This Terms of Use provides only for the use of any Digital Platform. This Terms of Use shall not be construed as a teaming, joint venture, or other such arrangement, unless the parties expressly and explicitly execute an agreement to that effect.

Indemnity:

You agree to indemnify, defend and hold harmless Spectra and its officers, directors, members, managers, employees, agents, representatives, successors and assigns from and against, any claims, causes of action, damages, liabilities, losses, costs, or expenses (collectively, “Losses”) that they incur or may incur arising from, resulting from, or arising in connection with: (i) your breach of these Terms of Use; (ii) your use of any Digital Platform or your use of the Content; (iii) personal injury or tangible and intangible property damage, casualty or loss suffered or incurred in connection with your use of our Digital Platforms (including loss of data) or Content or other information services available by or through your use of our Digital Platforms or Content (including damage, casualty or loss arising from the malicious acts of third parties which could have been prevented or avoided by you using reasonable protective means); and (iv) your acts and omissions in connection with your use of the Digital Platforms or Content. You also agree to indemnify, defend and hold harmless Spectra from and against any Losses that Spectra incurs or may incur arising from, resulting from, or arising in connection with your providing to Spectra inaccurate or untruthful information via the Digital Platforms whether to gain access to the products or services provided through any Digital Platform or otherwise.

Severability:

If any provision of these Terms of Use is held invalid or unenforceable in whole or in part in any jurisdiction, that provision shall be ineffective in that jurisdiction without affecting the validity of enforceability of the remaining provisions of these Terms of Use.

Integration Clause:

You hereby acknowledge that these Terms of Use, the Privacy Policy and all other documents referenced herein represent the entire agreement between you and Spectra concerning your use of any Digital Platform, the Content, and all other information and services available on any Digital Platform.

Headings of the Terms of Use:

The section headings used in these Terms of Use are for reference and the convenience of the readers and shall not constitute part of the Terms of Use for interpretation purposes.

Questions:

If you have any questions about this policy, please contact Spectra by e-mail at support@spectrahealth.us, or by regular mail at Spectra, 510 W. Main Street, Suite B, Canfield, OH 44406, Attention: Privacy Officer.

Date Last Revised: January 2018