OneRecord’s Terms of Use
These Terms of Use (the “Terms of Use” or the “Agreement”) describe the terms on which you may access and use this website (the “Website”) and the OneRecord personal health record (the “PHR”), which are owned and operated by OneRecord, LLC ("OneRecord"). BY USING THIS WEBSITE OR THE PHR (COLLECTIVELY, “THE SERVICE”), YOU SIGNIFY THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes. In the event of any inconsistency between the OneRecord Privacy Policy and this Agreement, this Agreement shall control.
We may revise the Terms of Use from time to time by updating this posting, with the new terms taking effect on the date of posting. You should review these Terms of Use every time you use the Website because they are binding on you. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HERE, PLEASE DO NOT USE THIS WEBSITE OR THE PHR.
Description of Service
The PHR is a personal health information retrieval and management service that allows users of the Service (“Members”) to consolidate certain health information (“Patient Information”) through the Service and share information with others (including doctors and other third-party providers). The Service is provided to you by OneRecord as an aid to assist you in organizing and managing your health information.
Your Use of the Service
OneRecord may review the Patient Information that you maintain through the Service to normalize and label data for display, but OneRecord is not responsible for any errors in the Patient Information resulting from such review process. OneRecord makes no effort to review the Patient Information for any other purpose, including, but not limited to, accuracy, legality or non-infringement. OneRecord is not responsible for any Patient Information provided by third-party providers or their patient portal sites. OneRecord cannot guarantee or assume responsibility for the completeness, timeliness, accuracy, relevance, deletion or non-delivery of any Patient Information.
Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Service for lawful purposes. Accurate information enables OneRecord to provide the Service to you. You must provide true, accurate, current and complete information and may not misrepresent information (i) in your registration information, (ii) about your family members or third-party providers, or (iii) about your Patient Information. In order for the Service to function effectively, you must also keep such information listed above up-to-date and accurate. If you do not do this, the accuracy and effectiveness of the Service will be affected.
Your access and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, unanticipated system failures, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions beyond the control of OneRecord or that OneRecord, in its sole discretion, may elect to take. OneRecord cannot always foresee or anticipate technical or other difficulties which may result in, and OneRecord shall therefore not be responsible or liable for, any (i) failure to obtain Patient Information, (ii) loss of Patient Information or personalization settings or (iii) other service interruptions.
Termination
Your access to the Service shall begin on the date you register for the Service and shall continue until terminated earlier under the provisions of this Section. OneRecord may terminate your use of the Service at any time. You may terminate this agreement and the Service at any time by cancelling your OneRecord account. Examples of activity that may lead to a termination of your use of the Service by OneRecord include your breach of any of these Terms of Use.
No Practice of Medicine
Information provided through the Service is not intended to be, and must not be taken to be, the practice of medicine or the practice of other healthcare services by OneRecord. Use of the Website does not create a physician/patient or provider/patient relationship with OneRecord. OneRecord is not recommending or endorsing any specific prescription drug, healthcare provider or treatment option.
Proprietary Rights in Website Content
OneRecord retains all copyright and other proprietary rights in the contents of this Website and the PHR (the “Content”). Elements of the Content are protected by copyright, trade dress and other laws, and may not be copied or imitated in whole or in part. Nothing shall be construed as granting you any license under any patent, trademark or copyright of OneRecord or any third party. Certain portions of the Website may contain information supplied and updated by third parties, or include links to third-party sites. OneRecord is not responsible for, and makes no warranty as to the accuracy of, such information or sites.
OneRecord claims no ownership in, nor any affiliation with, third-party trademarks or brand names that may appear on this site. Such third-party trademarks are used only to identify the products and services of their respective owners, and no sponsorship or endorsement on the part of OneRecord should be inferred from their use. You are not permitted to use the trademarks displayed on the Website without the prior written consent of OneRecord or the third party that may own the trademarks.
No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without OneRecord’s prior written permission. You may download or print a copy of any portion of the Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not republish Content contained in the Website or incorporate the information in any other database or compilation. Any other use of the Content is strictly prohibited.
Links To Other Websites
The Website may contain links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on or through the Website does not imply approval or endorsement of the linked website by us. If you decide to leave this Website and access these third-party websites, you do so at your own risk.
Warranties
OneRecord warrants that OneRecord will use commercially reasonable efforts to cause the Service to operate in substantial conformance with its published documentation. OneRecord’s sole obligation and your sole remedy with respect to any failure of the Service to substantially conform to the documentation therefore is for OneRecord to use commercially reasonable efforts to remedy any such failure as soon as is reasonably practicable, and if such failure is not remedied in a reasonable time, you may terminate these Terms of Use pursuant to the “Termination” section.
No Specific Results
Specifically, OneRecord does not represent, warrant or otherwise guarantee: (a) the reliability and suitability of the Service; (b) the effectiveness, suitability or reliability of communicated information (including any data provided through the Service); (c) that the Service will work without interruption or that it will be free of errors, viruses or other harmful components; (d) outcomes resulting from your use of the Service; (e) that the information available through the Service is comprehensive or exhaustive, or that it addresses all relevant symptoms, medicines, and treatments for various diseases or medical conditions; or (f) any outcome with respect to health and well-being as a result of the application of this information.
Data Collection; Privacy Policy
OneRecord's Privacy Policy is incorporated and made part of these Terms of Use. You hereby agree to such Privacy Policy, which may be updated from time to time. Your continued use of the Service signifies your acknowledgment and acceptance of the revised Privacy Policy. Any personal data (for example, your name, address, telephone number or e-mail address) that you transmit to the Service will be used by OneRecord in accordance with the Privacy Policy. Any other communication or material you transmit to the Service, such as questions, comments, suggestions or the like, will be treated as non-confidential and non-proprietary.
Ability To Contract; Legal Age
The Service is offered and available to users who are 18 years of age or older. By using the Service, you represent and warrant that you are of legal age to form a binding contract with OneRecord and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service.
Warranty Disclaimer
EXCEPT AS SET FORTH IN THE “WARRANTIES” SECTION, ONERECORD DISCLAIMS ANY AND ALL WARRANTIES RELATING TO THE SERVICE OR ANY OTHER MATTER COVERED BY THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ONERECORD DOES NOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR DELAY AND/OR BE ERROR-FREE, OR THAT ALL FAILURES OF THE SERVICE OR APP TO CONFORM TO THE DOCUMENTATION CAN OR WILL BE CORRECTED. ONERECORD MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF ANY CONTENT PROCESSED BY THE SERVICE.
Limitation of Liability
IN NO EVENT SHALL OneRecord BE LIABLE FOR LOST PROFITS OR BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR FOR ANY EXEMPLARY, PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES ARISE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE AND REGARDLESS OF WHETHER SUCH PARTY IS ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. The aggregate liability of OneRecord for any and all claims arising under or in connection with the Service, these Terms of Use or its subject matter shall not exceed $500.
Essential Part of the Bargain
The parties acknowledge that the disclaimers and limitations set forth in the Sections “Warranty Disclaimer” and “Limitations of Liability” are an essential element of these Terms of Use between the parties and the parties would not have entered into these Terms of Service without such disclaimers and limitations.
Telecommunications Services
Use of the Service may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees, as well as the terms of your agreement with your mobile device and telecommunications providers. ONERECORD MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (I) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICE AT ANY TIME OR FROM ANY LOCATION; (II) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (III) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICE.
Dispute Resolution
Any controversy or claim between the parties or arising out of these Terms of Use or any use of the Website shall be determined by one disinterested arbitrator in binding arbitration pursuant to the Commercial Arbitration Rules and the Supplementary Procedures for Online Arbitration of the American Arbitration Association (the “AAA”). The arbitrator shall be experienced in agreements for information technology services, either as an attorney or as an information technology professional. If the parties fail to appoint an arbitrator within forty-five (45) days of the institution of the arbitration, the AAA shall select the arbitrator promptly thereafter. Any requests for accelerated, emergency or preliminary relief shall be submitted pursuant to the AAA’s Optional Rules for Emergency Measures of Protection. If any such requests are made before an arbitration panel is empaneled, then the AAA shall appoint one disinterested arbitrator as an arbitration panel to immediately hear and decide such request. The arbitration panel shall have the right to grant interim awards. Testimony shall be permitted by telephone, video conference and other forms of real-time telecommunications. If the arbitrator requires in-person hearings, the hearings shall be held in New York, New York. The arbitral award will be final and binding, and may be entered and enforced in any court of competent jurisdiction.
Waiver of Jury Trial and Class Actions
BY ENTERING INTO THESE TERMS OF USE, YOU AND ONERECORD ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND ONERECORD BOTH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT A CONSOLIDATED, CLASS-WIDE OR REPRESENTATIVE BASIS AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED WITH AN ARBITRATION ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THESE TERMS OF USE IS DEEMED INAPPLICABLE OR INVALID, OR TO THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND ONERECORD BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.
Indemnification
By accepting these Terms of Use, you agree to indemnify and otherwise hold harmless OneRecord and its officers, employees, agents, subsidiaries, affiliates, licensors, suppliers and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from your use of the Service.
Jurisdiction
By accessing the Website, you and OneRecord agree that all matters relating to your access to, or use of, the Service shall be governed by the statutes and laws of the State of New York, without regard to its conflicts of laws principles. You and OneRecord also agree, and submit to the exclusive personal jurisdiction and venue of the courts of the State of New York with respect to such matters. OneRecord makes no representation that materials contained in the Website or the PHR are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Service from other locations do so on their own initiative, and are responsible for compliance with local laws.
Notices
OneRecord may deliver notice to you under these Terms of Use by means of e-mail, a general notice posted on this Website, or by written communication delivered by first-class U.S. mail to the address that you have provided to OneRecord. You may give notice to, or submit comment, questions or complaints to, OneRecord at any time via e-mail or by letter delivered by first-class postage prepaid U.S. mail or overnight courier to the following address:
One Record, LLC
Attn: Terms of Use
599 Lexington Ave – 21st Floor
New York City, NY 10022
Email: help@onerecord.com
Telephone: (800) 440-6598
Survival
The provisions of these Terms of Use entitled “Warranty Disclaimer,” “Limitation of Liability,” “Essential Part of the Bargain,” “Dispute Resolution,” “Waiver of Jury Trial and Class Actions,” “Indemnification,” “Jurisdiction” and “General Provisions” will survive the termination of this Agreement.
General Provisions
Except as provided in a particular “Legal Notice” on this Website, these Terms of Use, along with the OneRecord Privacy Policy, constitute the entire agreement and understanding between you and OneRecord with respect to use of the Service, superseding all prior or contemporaneous communications with OneRecord. These Terms of Use are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based upon or relating to use of the Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles of this agreement are displayed for convenience only and have no legal effect. Nothing in this agreement shall be deemed to confer any third-party rights or benefits. You may not assign any of your rights or privileges, or delegate any of your duties or obligations hereunder to any third party without the prior written consent of OneRecord. Any purported assignment in contravention of this Section shall be null and void. A waiver by either party of a breach or violation of any provision of these Terms of Use will not constitute or be construed as a waiver of any subsequent breach or violation of that provision or as a waiver of any breach or violation of any other provision of these Terms of Use. In the event that OneRecord is unable to perform its obligations under these Terms of Use because of acts of God, strikes, equipment or transmission failure, unavailability or poor performance of the Internet, or other causes reasonably beyond its control, OneRecord shall not be liable to you for any damages resulting from such failure to perform or otherwise from such causes.
