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.
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.
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.
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.
Limitation of Liability
Essential Part of the Bargain
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.
Waiver of Jury Trial and Class Actions
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.
One Record, LLC
599 Lexington Ave – 21st Floor
New York City, NY 10022
Telephone: (800) 440-6598