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TERMS & CONDITIONS


Use of PHRplus.com (this “website”) is governed by the terms and conditions below and any special rules for certain software or content found on the website (collectively, “Terms of Service”). PHRplus.com is a personal health record platform in which you can keep your medical information, including information about your medical conditions, medications, allergies, immunizations, and fitness activities, among other things. These Terms of Service constitute a legally binding agreement between you and curaNexus LLC d/b/a PHR Plus (“PHR Plus”).

You must be at least 13 years old to use PHRplus.com. You must be at least 18 years old to register for a PHRplus.com account. If you are not at least 18 years old, you are prohibited from creating an account on the website. By clicking on the “I AGREE” button at the end of this page or using PHRplus.com, you agree that you have read, understand, and agree to be bound by these Terms of Service. If you do not agree with any of these Terms of Service, do not use PHRplus.com. PHRplus.com is not directed to children under 13 years old, and does not knowingly collect, solicit, or accept personal information from children under 13 years old.

PHR Plus, located at 275 N Gateway Dr. Suite 139, Phoenix, AZ 85034, is a limited liability company organized under the laws of the State of Arizona, in which PHR Plus has its headquarters. References to PHR Plus include any subsidiaries or affiliates of PHR Plus involved with providing the services offered by PHR Plus. The servers that host this website are located in the United States, and any personal information you provide to PHR Plus will be processed by PHR Plus or its service providers in the United States.

Communications
PHR Plus may communicate with you by email. Please be aware that most email is not a secure method of communication and could be intercepted or read by other people. If you do not wish to accept this risk and allow PHR Plus to communicate with you by email, do not accept these Terms of Service and do not use PHRplus.com.

Your acceptance of these Terms of Service and your use of the PHR Plus platform website and services constitutes your agreement that PHR Plus may contact you by phone, fax, email, or text message, as long as the contact is reasonable and appropriate and related to the services PHR Plus provides to you.

Does PHR Plus offer medical advice?
PHR Plus does not offer medical advice and does not engage in the practice of medicine. The information that PHR Plus provides to you is for informational purposes only. PHR Plus is not a substitute for your physician’s professional medical judgment. The content of this website should not be used during a medical emergency or for the diagnosis or treatment of any medical condition. If you are experiencing a medical emergency, dial 911 or your own physician. Reliance on any of the information provided by PHR Plus is solely at your own risk.

Our website offers general information and is not intended to serve as, and does not constitute medical advice in any way. This information is not intended to cover all possible aspects of health and wellness nor should the material be construed to indicate that the information is safe, appropriate, or effective for PHR Plus or its customers. PHR Plus understands that it and its customers should always consult a physician or other healthcare provider to determine the appropriateness of any information for its own situation or should it have any questions regarding a medical condition or treatment plan. PHR Plus is not liable for any health consequence or other damages arising from any errors or omissions by PHR Plus, its customers or by a physician, clinic or any health professional or other third party in the application of information available on the website. Information available on our website has not been approved for medical use in the United States or otherwise approved by the U.S. Food & Drug Administration. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on our site. If you think you may have a medical emergency, call your doctor or 911 immediately. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on our website or accessible through links on our website. Reliance on any information provided by us, our employees, others appearing on our website (whether or not by our invitation), or other visitors to the site is solely at your own risk.

Links to Other Sites
PHR Plus may provide links to other websites that it believes are helpful to users. When you click such a link on the website, you will be leaving PHRplus.com. Please be aware that the terms of use and the privacy policies of any third party sites you visit through links provided on this website, if any, may differ from these Terms of Service. Therefore, you should consult the other sites’ terms of use and privacy policies, as PHR Plus has no control over such third parties’ practices. Your use of third party websites is at your own risk. PHR Plus does not endorse and is not responsible for any content, products, or other materials on or available from such sites.

Who is responsible for the information provided to PHR Plus?
The personal information about you that is available on the website is provided by you, either directly or through your accounts for your fitness or medical devices, or by your health care provider’s patient portal at your direction. Please see PHR Plus’s Privacy Policy for more information.

While PHR Plus attempts to accurately upload the information it receives, PHR Plus does not review this content for completeness or accuracy, nor does PHR Plus screen it in any way. PHR PLUS MAKES NO WARRANTIES THAT ANY INFORMATION IS CORRECT, COMPLETE, OR CURRENT, AND DOES NOT EVALUATE WHETHER A DATA SOURCE HAS THE LEGAL AUTHORITY TO PROVIDE INFORMATION TO PHR PLUS. You acknowledge and agree that PHR Plus is not responsible for any materials or information posted to or otherwise available on the PHR Plus platform, whether provided by you, PHR Plus, or another person or entity. Any reliance on such materials is at your own risk.

You are solely responsible for the accuracy and completeness of any information that you submit, or authorize to be submitted, to PHR Plus. You are also responsible for the security of your password and for the use of your PHRplus.com account, whether or not such use has been authorized by you. You must immediately notify PHR Plus of any unauthorized use of your password or your account by contacting PHR Plus at admin@PHRplus.com.

Your PHRplus.com account allows you to share your information with others, if you choose. You are solely responsible for any access to your information that you choose to give to others, , and for removing any access that you no longer wish to give. You acknowledge and agree that PHR Plus is not responsible for any account access or disclosure of information that you have directed or authorized. Please see PHR Plus’s Privacy Policy for more information.

Who owns PHRplus.com and User Content, and are there limits of use?
Ownership
PHR Plus and its licensors, if any, own all proprietary rights to PHR Plus, PHRplus.com, and all text, images, data, information, and other content (collectively, “PHR Content”), including all intellectual property rights therein, displayed, available, or appearing on PHRplus.com. The software coding and the look and feel of the service provided by PHR Plus are copyrighted by and the property of PHR Plus. You should assume that everything you see on this website is copyrighted unless otherwise noted and may not be used without permission, except as otherwise provided in these Terms of Service. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from PHR Plus.

PHR Plus may use certain documents from other companies, including but not limited to forms provided by health insurance plans or their business partners. Copyright of these documents is retained by their respective owners, and PHR Plus claims no ownership of such material. PHR Plus uses such material under fair-use provisions of copyright law.

Provided you are not in default of any of your obligations hereunder, PHR Plus gives you a personal, revocable, non-assignable, and non-exclusive license to use PHRplus.com and other services offered by PHR Plus. You may view or download a single copy of the PHR Content solely for your personal, non-commercial use. Any reproduction, redistribution, retransmission, or display of the PHR Content available on PHRplus.com, or any portion of such PHR Content, not in accordance with these Terms of Service is expressly prohibited. You agree not to infringe upon any intellectual property rights or remove or modify related proprietary notices contained in this website.

All rights not expressly granted herein are reserved to PHR Plus and its licensors.

User Content
Any information that you create, transmit, display, or submit to this website or to PHR Plus is “User Content.” The PHR Plus Privacy Policy describes how “Personal Information” (information that identifies you personally) may be used and shared. Except as otherwise provided in the PHR Plus Privacy Policy, User Content will be deemed to be non-confidential and may be disclosed through this website to unknown persons without control by PHR Plus, including for browsing, downloading, printing, and other uses by such other persons or entities. You agree not to submit User Content to this website or PHR Plus except for User Content that is fully authorized for purposes of this website and these Terms of Service, and you will not infringe upon any person’s intellectual property rights in connection with such submissions. It is your obligation to determine the extent to which User Content you submit is protected by applicable intellectual property laws.

You agree that PHR Plus shall have, and hereby grant to PHR Plus, a worldwide, royalty-free, perpetual, irrevocable, sub-licensable, non-exclusive right and license to use, distribute, translate, reproduce, sell, publish, distribute, modify, adapt, display, perform, promote, link to, or use, in any form or media, any User Content that you submit to this website or PHR Plus. PHR Plus does not endorse any User Content that may appear on this website. Nothing in these Terms of Service shall obligate PHR Plus to use any User Content you submit or permit the posting of such User Content on this website.

Authorized and Prohibited Uses
Your use of PHRplus.com and of any PHR or User Content accessed through services offered by PHR Plus must comply with all applicable laws, regulations, and ordinances, including, but not limited to, those pertaining to privacy, intellectual property, the export of data or software, coding, billing, and payment.

You may not access PHRplus.com other than through the interfaces PHR Plus provides, nor may you interfere with or disrupt the proper operation of PHRplus.com. You will only submit User Content and material that is functionally and technically compatible with this website and you will not engage in any conduct or submit to this website any User Content or other material that is illegal, inaccurate, misleading, misappropriated, dilutive, defamatory, obscene, offensive, or otherwise objectionable. You will not attempt to and will not damage, corrupt, tamper with or infect this website or any information or telecommunication system of PHR Plus with a virus or other malicious computer program. You may not reverse engineer, disassemble, or de-compile any software code or proprietary elements of the PHRplus.com website.

You will only use this website for the permitted purposes stated in these Terms of Service, and will not engage in abusive activity with respect to this website. Without limiting the generality of the foregoing, you agree not to undertake any activity which may adversely affect the use of this website by any person. You are prohibited from using any services provided in connection with this website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. Integrating with, automating, “spidering,” or “scraping” are all prohibited and are a violation of PHR Plus’s Terms of Service, and may be illegal. Only human users using the site manually are permitted. If you become involved in any violation of system security, PHR Plus reserves the right to release your information to system administrators at other sites and law enforcement authorities in order to assist them in resolving security incidents.

Referencing the PHRplus.com website in an “iframe” or otherwise making it appear that PHRplus.com is part of a third party site is prohibited. PHR Plus does, however, encourage linking to PHRplus.com. All such links must be direct links to the top page of the website (www.PHRplus.com) without framing. If PHR Plus deems your linking practices to be inappropriate, it may provide you with notice concerning removal or modification of the inappropriate link, and you agree to comply with any and all requirements of PHR Plus relating thereto.

Are there warranties to the PHRplus.com service?
YOU UNDERSTAND AND AGREE THAT THE PHRPLUS.COM SERVICE IS AVAILABLE SOLELY ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER PHR PLUS NOR ANY OF PHR PLUS’S LICENSORS MAKE ANY EXPRESS WARRANTIES, AND EACH OF THEM DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, RESULTS, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY, AND FREEDOM FROM COMPUTER VIRUS. IN NO EVENT SHALL PHR PLUS BE LIABLE FOR ANY LOSS OR DAMAGE, DELAY IN PERFORMANCE, OR NONPERFORMANCE CAUSED BY EQUIPMENT MALFUNCTION OR BREAKDOWN, NETWORK OR PIPELINE DISRUPTION, SEVERE WEATHER CONDITIONS, INFORMATION UNAVAILABILITY, STRIKES OR OTHER LABOR DISPUTES, RIOTS, FIRE, INSURRECTION, WAR, FAILURE OF CARRIERS, ACCIDENTS, ACTS OF GOD, OR ANY OTHER CAUSES BEYOND PHR PLUS’S CONTROL. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

PHRplus.com is for use only by those who reside in the United States and are using a computer located in the United States. NEITHER PHR PLUS NOR ANY OF PHR PLUS’S LICENSORS MAKE ANY REPRESENTATION CONCERNING THE PHR CONTENT WHEN USED IN ANY OTHER COUNTRY. No software may be downloaded or otherwise exported into any countries that are subject to U.S. export/import control restrictions or other national security restrictions.

What are the limits to your and PHR Plus’s liability?
IF YOU ARE DISSATISFIED WITH THE SITE OR ANY OF PHR PLUS’S TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES, OR PRACTICES, OR OTHERWISE HAVE A DISPUTE WITH PHR PLUS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE THIS AGREEMENT AND DISCONTINUE USING THE SITE AND THE SERVICES PHR PLUS PROVIDES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER PHR PLUS NOR ANY OF ITS LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THIS WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH PHR PLUS, EVEN IF PHR PLUS KNOWS OR SHOULD KNOW THAT OTHER DAMAGES ARE POSSIBLE OR THAT DIRECT DAMAGES ARE NOT A SATISFACTORY REMEDY. THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR JURISDICTION. NEITHER PHR PLUS NOR ANY OF ITS LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN $1,000.

What about indemnification?
You will defend or settle at your sole expense any third-party claim against PHR Plus or any third party or licensor related to PHR Plus arising out of or related to your use of the website or PHR Plus’s services and you agree to indemnify and hold harmless PHR Plus and its affiliates, officers, directors, employees, and contractors from any demands, claims, damages, liabilities, expenses, or harms (including attorneys’ fees) arising in connection with your use of this website or breach of these Terms of Service.

Good Samaritan Policy
It is the policy of PHR Plus not to tolerate any acts of intellectual property infringement or violations of federal or state law. PHR Plus will, in good faith, make its best efforts to remove, disable, or restrict access to the availability of PHR or User Content on the website that, in its subjective view, is obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected. This provision does not impose upon PHR Plus any contractual obligation to undertake, or refrain from undertaking, any particular course of conduct, or to monitor the website. If you believe that someone has violated this policy, promptly notify PHR Plus by email at admin@PHRplus.com and provide as detailed a description of the alleged violation as possible. You must use this address or phone number if you want to ensure that the complaint is actually received by the appropriate party who is responsible for investigating alleged violations of this policy.

Website Administration
PHR Plus reserves the right to deny access to any user at any time for any reason. PHR Plus may place limits on, modify, suspend, or terminate this website at any time without liability or prior notice, and may suspend or terminate your use of PHR Plus’s services if you fail to comply with these Terms of Service. This suspension or termination may delete your registration, information, files, and other previously available PHR or User Content. However, backup files containing this information may be stored for purposes of regulatory compliance.

Modifications to the Terms of Service
PHR Plus may modify these Terms of Service and they are subject to change from time to time. Therefore, you are advised to review these Terms of Service regularly. PHR Plus will post a notice of modification on this page and changes will be effective immediately. The changes will apply to all information PHR Plus has collected. The most current Terms of Service will always be available at [insert]. If you do not agree to the modified Terms of Service, you should discontinue your use of the website and disable your account with PHR Plus. For information on how to do so, please contact admin@PHRplus.com. Your continued use of the website and the services shall constitute your acceptance of the modified Terms of Service.

What are the general legal terms?
These Terms of Service are the entire agreement between you and PHR Plus related to PHR Plus’s services. Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision’s essential purpose. The headings contained in these Terms of Service are for convenience of reference only and shall not affect or alter the meaning or effect of any provision hereof.

PHR Plus has no obligation to become involved in any dispute between a user of this website and any other person. This website and these Terms of Service shall be governed by and construed in accordance with the laws of the State of Arizona, excluding Arizona’s conflict of law rules. THE EXCLUSIVE VENUE FOR ANY DISPUTE ARISING UNDER OR RELATING TO THIS AGREEMENT OR THIS WEBSITE IS MARICOPA COUNTY, ARIZONA. YOU AND PHR PLUS CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS.

Nothing in these Terms of Service limits either party’s ability to seek equitable relief.

How can I ask questions or contact PHR Plus?
PHR Plus is happy to address questions about its Terms of Service or this website. Please send your questions to admin@PHRplus.com. Alternatively, you may write to PHR Plus at:

PHR Plus
275 N Gateway Dr. Suite 139
Phoenix, AZ 85034

Effective Date: (6/21/2016)

Modified: (6/21/2016)

© 2016 PHR Plus — All rights reserved.
 



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