Terms of Use for PRISM Program

YOU SHOULD CAREFULLY READ THE LINKED PATIENT USER TERMS OF USE (the “Terms”) BEFORE USING THE PRECISION RECOVERY APPLICATION (the “App”), PRECISION RECOVERY WEB PLATFORM (the “Platform”), and PRECISION RECOVERY VIRTUAL CARE MANAGEMENT SERVICES (the “VCM Services”). The App, Platform, and VCM Services, including all relevant content and functionality associated with the App, Platform, and VCM Services, are collectively referred to as the “PRISM Program” or the “Program.”

BY CREATING A USER ACCOUNT AND USING THE PROGRAM, YOU ARE CONSENTING TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO ACCEPT THE TERMS, DO NOT LOG IN TO OR USE THE PROGRAM.

Any information that Precision Recovery, Inc. (“Precision Recovery” or “PRI” or “We”) collects through Your use of the Program is subject to the Patient User Privacy Policy, which is part of these Terms.

By continuing to use the Program, You agree as follows:

  1. You are at least 18 years old or have been legally emancipated

  2. You understand and agree that these Terms are a legally binding agreement and the equivalent of a signed, written contract

  3. You will use the Program in a manner consistent with applicable laws and regulations and these Terms, as they may be amended by PRI from time to time; and

  4. You understand, accept, and have received these Terms and the Patient User Privacy Policy, and acknowledge and demonstrate that You can access these Terms and the Patient User Privacy Policy at will.  

If You do not agree with and accept the Terms, please discontinue all further use of the Program. Do not continue the installation process and immediately delete all installed files, if any, of the App and Platform from Your device(s).

ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND PRI WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU CAN OPT-OUT OF THE ARBITRATION AGREEMENT BY CONTACTING SUPPORT@PRECISIONRECOVERY.COM WITHIN 30 DAYS OF ACCEPTING THESE TERMS.

Patient User Terms of Use

Effective: August 7th 2023

Last Updated: August 2023

These Patient User Terms of Use ("Patient User Terms of Use" or “Terms”) are a legal contract between you (“You/Your” or "User") and Precision Recovery, Inc. (“Us” or “We” or “Our” or “Precision Recovery” or “PRI”). PRI is the creator of PRISM (the “Program”), a post-stroke self-management and recovery program that includes virtual care management services (the “VCM Services”), the PRISM mobile application (the “App”), and the PRI web platform (the “Platform”). PRI’s App, Platform, and VCM Services, including all relevant content and functionality associated with the App, Platform, and VCM Services, are collectively known as the “Program”. These Terms govern Your use of the Program and apply to individuals accessing the Program. By accepting these Terms and using the Program, You acknowledge that You have read, understand, and agree to these Terms and Our Patient User Privacy Policy. Any capitalized terms not defined in these Terms are defined in the Patient User Privacy Policy.

WHAT IS THE PRISM PROGRAM?

Overview of the Program.

The App, Platform, VCM Services, and any associated devices are intended to provide a convenient care coordination platform for Patient Users to use to collect and monitor their healthcare data to improve self-management of the patient’s condition and assist with adherence to the patient’s treatment plan. The Program DOES NOT include 24/7 monitoring and IS NOT intended to be used to identify medical emergencies.

You may access and use the Program only in accordance with these Terms, and You agree to comply with all applicable laws, rules, and regulations, including any other policies incorporated into these Terms, such as Our Patient User Privacy Policy.

Devices.

The App is intended to be used in association with certain monitoring devices provided to You (the “Devices”), such as an electronic blood pressure cuff. The Devices are provided to You through PRI, but PRI does not manufacture the Devices. Accordingly, PRI does not offer, and expressly disclaims, all device or product warranties with respect to the Devices. The manufacturer of Your Device(s) may or may not offer a warranty, and We are happy to assist You in accessing any applicable manufacturer warranties that may be available to You. Please contact us at support@precisionrecovery.com for assistance.

The Device(s) provided to You through PRI are exclusive to PRI. You shall not connect the Device(s) to or use the Device(s) with any app or software platform other than the App. You are not permitted to use or allow any third party to use the Devices other than in association with the Platform.

Device Return and Replacement.

PRI will drop ship the Device(s) and any accompanying supplies (if applicable) directly to You. PRI will serve as the liaison between You and the manufacturer on issues of functionality, replacement, and return. PRI will be responsible for the return and replacement costs for the first twelve (12) months of a Device’s life. However, any device whose malfunction or damage is due to mishandling, negligence, or any other act (excluding normal wear and tear) by You or any other will not be eligible for replacement and may result in a charge to Your credit card on file

Upon termination of the Program, You agree to return the Device(s) and any accompanying supplies within 30 days. PRI will cover the cost of return packaging and shipping. If the device is not returned within 30 days of the termination of the Program, PRI will charge Your credit card on file in line with PRI’s Refund, Renewal and Cancellation policy, which can be found at precisionrecovery.com/refund-policy.

Services.

The services provided under the Program include virtual care management services in line with the subscription level selected by the User during registration.  A full list of services provided can be found on the PRI website at precisionrecovery.com/pricing-plans. All services will be provided by appropriately trained, certified, and licensed clinicians. The services provided under the Program are intended to provide secondary clinical support with a convenient care coordination platform for Users to self-manage their condition.

Such services may include, but are not limited to:

  • Review of electronically captured health data shared through the App, such as blood pressure, sleep history, and activity metrics.

  • Review of User-reported health data through the App.

  • Consultation services related to electronically captured and User-reported health data. Such services are limited to general advisement regarding normal ranges for health data and if the User’s data may warrant further follow-up with the User’s primary care team. All consultation or advisement services are based on established clinical guidelines and appropriately reviewed and approved medical protocols.

  • Provision of recommendations or referrals to Third Party Rehabilitation and Medical Providers (“Third-Party Providers”). In some instances, PRI may have a financial relationship with a Third-Party Provider. PRI will disclose any financial relationship with a Third-Party Provider to whom the User is being recommended or referred. PRI IS NOT LIABLE FOR THE PERFORMANCE OF ANY THIRD-PARTY PROVIDER AND RECOMMENDATIONS OR REFERRALS ARE PROVIDED FOR THE CONVENIENCE OF THE USER ONLY.

  • Providing training and education to Users regarding self-management of their condition.

  • Performing standard clinical evaluations on Users using validated assessment tools.

WHAT IS NOT PROVIDED IN THE PRISM PROGRAM?

We DO NOT provide primary health care services or serve as your treating physician/practitioner.

By accepting these Terms, You agree and acknowledge that We do not provide primary health care, laboratory, or emergency care services. Our role is limited to supporting and facilitating Your self-management of Your condition via the Program and Your self-adherence to a care plan as established by Your treating physician or practitioner. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE INFORMATION, PROCESSES, PRODUCTS, AND OTHER ITEMS REFERENCED AS PART OF THE PROGRAM ARE NOT INTENDED AS A RECOMMENDATION OR ENDORSEMENT OF ANY COURSE OF ACTION, INFORMATION, OR PRODUCT. WE EXPLICITLY DISCLAIM THE CREATION OF A PHYSICIAN-PATIENT RELATIONSHIP WITH YOU.

THE PROGRAM CANNOT AND IS NOT DESIGNED, INTENDED, OR APPROPRIATE TO REPLACE THE RELATIONSHIP BETWEEN YOU AND YOUR PRIMARY AND/OR TREATING HEALTH CARE PROFESSIONAL OR TO ADDRESS SERIOUS, EMERGENT, OR LIFE-THREATENING MEDICAL CONDITIONS AND SHOULD NOT BE USED IN THOSE CIRCUMSTANCES.

If at any time You are concerned about Your care or treatment, or You believe or suspect or someone else advises You that You have a serious or life-threatening condition, call 9-1-1 in areas where that service is available, or go to the nearest emergency room.

Any medical advice provided by a PRISM dedicated care partner and/or clinician using information from the Program is based on the personal health data You provide. If You do not provide complete and accurate personal health information, the medical advice You receive may not be accurate or appropriate. The Program and/or any data derived from the Program are in no way intended to replace the independent clinical judgment of a qualified healthcare professional.

General information available through the Program about medical conditions, symptomology, available drugs, treatment options, and other educational articles and videos is provided for general educational purposes only. Never disregard, avoid, or delay obtaining medical advice from a physician or other qualified healthcare professional because of something contained in the Program. If You have or suspect that You have an urgent medical problem or condition, please contact your treating physician/practitioner or a qualified healthcare professional immediately or go to the nearest emergency room.

WHO IS ELIGIBLE TO USE THE PROGRAM?

You must register to create an account (“User Account”) and become a registered user to access the Program. The registration process begins on the PRI website when you select your plan level and enter your name, email address, shipping address, other contact information and payment information (“Registration Data”). From there, You will receive an email inviting You to download the PRISM App, where you will enter your email address and set a password to use to access the App going forward.  You may change or correct information in Your account by contacting PRI at support@precisionrecovery.com. You agree not to register for a User Account on behalf of an individual other than Yourself unless You are legally authorized to bind such person to these Terms. By registering another person, You hereby represent that You are legally authorized to do so.

By registering for an account and using the Program, You represent and warrant as follows:

  1. You are at least 18 years old and are otherwise legally qualified to enter into and form contracts under applicable law

  2. Your Registration Data is true, accurate, current, and complete

  3. You will update Your Registration Data as needed to maintain its accuracy

  4. You are authorized to create a User Account (either for Yourself or another person)

  5. You acknowledge and agree to the terms of the Patient User Privacy Policy

  6. You are legally authorized to view and share with Us health data and other Personal Data (as that term is defined in the Patient User Privacy Policy); and

  7. You are not located in a country that is subject to a U.S. Government embargo or that is designated by the U.S. Government as a “terrorist supporting” country, and You are not listed on any U.S. Government list of prohibited or restricted parties.

NOTE: THIS AGREEMENT IS VOID WHERE PROHIBITED BY LAW. DO NOT USE THE PROGRAM WHERE PROHIBITED BY LAW. YOU UNDERSTAND THAT YOUR USE OF THE PROGRAM MAY INVOLVE OR REQUIRE THE TRANSMISSION OF SIGNIFICANT AMOUNTS OF DATA. YOU ARE RESPONSIBLE FOR ALL DATA CHARGES THAT MAY BE CHARGED BY YOUR WIRELESS CARRIER OR INTERNET SERVICE PROVIDER OR THAT MAY OTHERWISE ARISE FROM YOUR USE OF THE PROGRAM.

HOW WILL PRI NOTIFY YOU OF CHANGES TO THESE TERMS?

With the exception of the Arbitration Agreement (see “Dispute Resolution” section) included near the end of these Terms, PRI reserves the right to change or modify these Terms at any time without prior notice to You. If We materially change or modify these Terms, We will let You know by (1) posting a new version of the Terms to the App; and/or (2) posting a change notice on our Platform and/or App.

If You continue to use the Program after we have informed You of the changes, You agree to be bound by the modified Terms. If You do not accept the changes, You should immediately stop using the Program and delete all files associated with the Program on Your computer and/or mobile device. 

WHO OWNS THE PROGRAM AND PERSONAL DATA?

Program Ownership and Use.

PRI owns the Program, including all content and functionality You access through the Program. Subject to Your compliance with these Terms, PRI grants You a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Program by downloading and installing the App on Your computer or mobile device.

THE PROGRAM IS FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY AND YOU MAY NOT RESELL OR SUBLICENSE YOUR ACCESS TO THE PROGRAM. You may not use the Program for any other purpose than what is allowed under these Terms without PRI’s express written permission.

You may not use PRI’s name, trademarks, service marks, or logos, or those of third parties appearing on the Program in any advertising or publicity or to otherwise indicate PRI’s or such third party’s sponsorship or affiliation with any product or service without the express written permission from PRI or such third party.

Personal Data Ownership and Use.

You own Your Personal Data and any other information You submit on or through the Program (collectively, “Patient Information”). If You are entering someone else’s information into the Program, You represent and warrant that You have permission to do so. For Us to provide You with the Program, You grant to PRI a perpetual, non-exclusive, fully paid and royalty-free, transferable, sublicensable, worldwide license to use Your Patient Information for the purpose of providing the Program, subject to the restrictions in the Patient User Privacy Policy. You also agree to allow PRI to de-identify and anonymize Your Patient Information, including, without limitation, Your personal health information in accordance with Our Patient User Privacy Policy, and to use or disclose such de-identified information for any purpose.

App Store & Google Play.

If You downloaded the App from the Apple App Store or Google Play (the “App Provider”), by agreeing to these Terms, You acknowledge that You understand and agree to the following:

  1. The Terms are only between You and PRI, and not between You and the App Provider. Only PRI is responsible for the App (not the App Provider)

  2. The App Provider has no obligation to furnish any maintenance or support services with respect to the App

  3. In the event of any failure of the App to conform to any applicable warranty: (i) You may notify the App Provider and the App Provider will refund the purchase price for the App to You (if applicable); (ii) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App, and (iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Our responsibility

  4. The App Provider is not responsible for addressing any claims You have or any claims of any third party relating to the App or Your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation

  5. In the event of any third-party claim that the App or Your possession and use of the App infringes that third party’s intellectual property rights, the App Provider will not be responsible for the investigation, defense, settlement, or discharge of any such intellectual property infringement claim; and

  6. The App Provider, and its subsidiaries, are third-party beneficiaries of this Agreement as it relates to Your license of the App. This means that, upon Your acceptance of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to Your license of the App against You.

Apple users only: If You downloaded the App from the App Store, the license granted to You in these Terms is non-transferable and is for use of the App on any Apple products that You own or control.

WHAT ARE YOU NOT ALLOWED TO DO WITH THE PROGRAM?

You may use the Program only for lawful purposes and in accordance with these Terms. In addition, We impose certain restrictions on Your use of the Program. While using the Program, You shall not:

1.     Provide false, misleading, or inaccurate information to Us or any other user

2.     Use the Program (i) for any commercial purpose; (ii) for the benefit of any third party; or (iii) in any manner not permitted by these Terms

3.     Impersonate or attempt to impersonate Us, one of Our employees, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing)

4.     Use or attempt to use any manual process, engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to harvest, monitor, or otherwise collect information from the Program for any use, including, without limitation, use on third-party websites, without Our consent

5.     Use the Program in any manner that could disable, overburden, damage, or impair the Program or interfere with any other party's use of the Program, including their ability to use the Program

6.     Access content or data not intended for You, or log onto a server or account that You are not authorized to access

7.     Violate any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries)

8.     Attempt to probe, scan, or test the vulnerability of the Program or any associated system or network, or breach security or authentication measures without proper authorization

9.     Interfere or attempt to interfere with the use or functionality of the Program by any other user, host, or network, including, without limitation, by means of submitting a virus, trojan horse, worm, logic bomb, or other material, which is malicious or technologically harmful, overloading, "flooding," "spamming," "mail bombing," or "crashing"

10.  Forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance, or distribution by means of, the Program

11.  Post or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation

12.  Post, upload, publish, submit, or transmit any content that: (i) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances

13.  Exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise

14.  Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Us, You, or any other third-party (including another user) to protect the Program

15.  Attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Us in providing the Program. Any violation of this section may subject You to civil and/or criminal liability

16.  Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Program, or which, as determined by Us, may harm Us or users of the Program or expose them to liability, or otherwise interfere with or attempt to interfere with the proper working of the Program

17.  Connect or use the Device(s) with any application or software platform other than Our App or Platform; or

18.  Encourage or enable any other individual to do any of the above.

PRI is not obligated to monitor Your use of the Program, but We may do so to ensure Your compliance with these Terms, and/or to respond to law enforcement or other government agencies if and when We are required to. PRI reserves the right to suspend or terminate Your use of the Program without notice to You if You partake in any of the prohibited uses described above.

HOW SHOULD YOU PROTECT YOUR LOGIN INFORMATION?

The Program is designed to require users to create a username and password to access and use the Program. Your username and password are, collectively, Your “User Credentials.” You are solely responsible for (i) maintaining the strict confidentiality of Your User Credentials, (ii) not allowing another person to use Your User Credentials to access the Program, and (iii) any and all damages or losses that may be incurred or suffered as a result of any activities that occur under Your User Credentials, regardless of whether You were aware of those activities. You agree to immediately notify PRI in writing by email of any unauthorized use of Your User Credentials or any other compromise of the security of Your User Account.

WE WILL NOT BE LIABLE FOR ANY LOSS THAT YOU INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. WE ARE NOT AND SHALL NOT BE LIABLE FOR ANY HARM ARISING FROM OR RELATING TO THE THEFT OF YOUR USER CREDENTIALS AND/OR ANY RESULTING ACCESS TO YOUR PERSONAL DATA, YOUR DISCLOSURE OF YOUR USER CREDENTIALS, OR THE USE OF YOUR USER CREDENTIALS BY ANOTHER PERSON OR ENTITY REGARDLESS OF WHETHER YOU WERE AWARE OF SUCH USE.

You may be held liable for any losses incurred by PRI and/or its affiliates, officers, directors, and representatives due to someone else’s use of Your User Account or password, regardless of whether You were aware of such use.

HOW DOES PRI PROTECT YOUR PRIVACY?

PRI values Your privacy and is committed to keeping Your Personal Data confidential. Please see Our Patient User Privacy Policy for an explanation of Our privacy practices, the data We collect from You, how We use that data, and Your rights regarding Your data. By clicking “I Agree,” accessing or using the Program, or by downloading, viewing, or uploading any content through the Program, You acknowledge and agree to the provisions of the Patient User Privacy Policy and affirm that the Patient User Privacy Policy is a part of these Terms.

By using the Program and accepting these Terms, You further acknowledge that PRI may share Your information with third parties as described in the Patient User Privacy Policy, and will seek Your consent before doing so where required by law.

We are not responsible for nor liable to You or any third party for a third party’s treatment of Personal Data, including any collection, use, disclosure, storage, loss, theft, or misuse of Personal Data, whether or not such treatment violates applicable law.

Please be aware that Our Patient User Privacy Policy does not address how healthcare providers with whom You share information collected, generated, or stored via the Program may further use and disclose Your health information. Your provider’s Notice of Privacy Practices should be publicly available and is usually located on their website. PRI’s Patient User Privacy Policy does not apply to the collection, use, disclosure, or treatment of Your Personal Data directly by any provider, clinician, researcher, caregiver, or other healthcare professional and/or entity. You expressly acknowledge and agree that PRI is neither responsible for nor liable to You or any third party for the treatment of Your Personal Data by any such individual or entity, including any collection, use, disclosure, storage, loss, theft, or misuse of Your Personal Data, whether or not such treatment violates applicable law or the provider’s Notice of Privacy Practices.

COMPUTER EQUIPMENT AND INTERNET ACCESS

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 Program. This includes, without limitation, obtaining Internet services, using up-to-date web browsers, and the best commercially available encryption, antivirus, anti-spyware, and internet security software. You are responsible for the data security of the Systems used to access the Program and for the transmission and receipt of information using such Systems. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or Your Systems.

THERE ARE ALWAYS CERTAIN SECURITY AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET, AND YOU EXPRESSLY ASSUME SUCH RISKS.

OPTING OUT OF COMMUNICATIONS FROM PRI

We may send communications, including emails, to You regarding Your User Account and the Program. You can choose to filter any User Account and Program emails using Your email settings, but we do not provide an option for You to opt-out of these communications.

If You consent to receive marketing or other communications not related to Your User Account or the Program, We will provide You with the option to opt-out of such marketing communications within the applicable message.

THIRD PARTIES AND THIRD-PARTY SITES

Third-Party Websites and/or Apps.

In the course of using the Program, You may be introduced to areas or features of the Program that allow You to access a website that does not belong to and are not controlled by Us (collectively, “Third-Party Sites”). If You choose to access one of these Third-Party Sites, You will leave Our App or Platform and be redirected to an environment owned and controlled by an external third party. You acknowledge and agree that the Third-Party Sites may have different privacy policies, terms of use, user guides, and/or business practices (collectively, “Third-Party Rules”) than Us, and that Your use of such Third-Party Sites is governed exclusively by the respective Third-Party Rules. We provide links to Third-Party Sites to You as a convenience, and We do not verify, make any representations, or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality, or completeness of the content, application, links displayed, and/or any other activities conducted on or through such Third-Party Sites.

YOU AGREE THAT WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, BUSINESS PRACTICES, INFORMATION, RESOURCES, APPLICATIONS, AND OTHER CONTENT (“Third Party Matters”) AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE THIRD PARTY MATTERS.

Any reference in the Program to any product, service, publication, institution, organization of any third-party entity, or individual does not constitute or imply Our endorsement or recommendation.

Third-Party Services.

To the extent any features, aspects, products, or services offered through the Program are provided, in whole or in part, by third parties (“Third-Party Services” as provided by “Third-Party Service Providers”), You may be subject to additional terms and conditions. To the extent applicable, You will receive a notification and have the opportunity to accept such terms and conditions.  IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THOSE ADDITIONAL TERMS AND CONDITIONS, DO NOT USE THE RELATED THIRD-PARTY PROGRAM.

In the event of any inconsistency between terms of use relating to Third-Party Services and these Terms, those additional terms and conditions will control with respect to such Third-Party Services. Third-Party Service Providers may collect and use certain information about You, as specified in the Third-Party Service Provider’s privacy policies. Prior to providing information to any Third-Party Service Provider, You should review their privacy policy. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THE TERMS OF A THIRD-PARTY SERVICE PROVIDER’S PRIVACY POLICY OR TERMS OF USE, YOU SHOULD NOT USE THE RELATED THIRD-PARTY SERVICES. WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR ANY OF YOUR INFORMATION COLLECTED OR USED BY THIRD-PARTY SERVICE PROVIDERS.

YOUR REPRESENTATIONS AND WARRANTIES

In addition to other representations and warranties contained throughout the Terms, You represent and warrant that Your use of the Program will be in accordance with these Terms and all applicable laws, regulations, rules, and PRI policies and procedures (to the extent such policies and procedures are communicated to You). Specifically, YOU REPRESENT AND WARRANT THAT YOU ARE LEGALLY AUTHORIZED TO SHARE PERSONAL DATA (BELONGING TO YOURSELF OR OTHERS ON WHOSE BEHALF YOU ARE SUBMITTING SUCH PERSONAL DATA) WITH US.

WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY

No Warranties.

THE PROGRAM IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, PRI EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. PRI MAKES NO WARRANTY THAT THE PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. PRI MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, APPLICATIONS, OR MATERIALS ACCESSED OR PURCHASED THROUGH THE APPLICATION OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE PROGRAM.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PRI OR THROUGH THE APPLICATION OR MATERIALS, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH THE PROGRAM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PROGRAM, INCLUDING, WITHOUT LIMITATION, PATIENTS, PROVIDERS, CLINICIANS/CAREGIVERS, OR AUTHORIZED THIRD PARTIES.

YOU UNDERSTAND THAT PRI DOES NOT TAKE RESPONSIBILITY FOR SCREENING OR INQUIRY INTO THE BACKGROUND OF ANY USERS OF THE PROGRAM, INCLUDING, WITHOUT LIMITATION, PROVIDERS AND/OR CLINICIANS/CAREGIVERS, NOR DOES PRI VERIFY OR TAKE RESPONSIBILITY FOR THE STATEMENTS OF ANY SUCH USERS OF THE PROGRAM. PRI MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PROGRAM, INCLUDING, WITHOUT LIMITATION, PROVIDERS AND/OR CLINICIANS/CAREGIVERS.

PRI CAN NOT ALWAYS FORESEE OR ANTICIPATE TECHNICAL OR OTHER DIFFICULTIES THAT MAY RESULT IN FAILURE TO OBTAIN DATA OR LOSS OF DATA, PERSONALIZATION SETTINGS, OR OTHER SERVICE INTERRUPTIONS. PRI CAN NOT ASSUME RESPONSIBILITY FOR THE TIMELINESS, ACCURACY, DELETION, NON-DELIVERY, OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS, OR PERSONALIZATION SETTINGS. IT IS YOUR RESPONSIBILITY TO BACKUP ANY INFORMATION YOU ENTER INTO THE APP OR PLATFORM.

Your Responsibility for Loss or Damage.

YOU AGREE THAT YOUR USE OF THE PROGRAM IS AT YOUR SOLE RISK. YOU WILL NOT HOLD PRI OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS, OR SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS, MOBILE DEVICES, OR DATA.

Limitation of Liability.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PROGRAM REMAINS WITH YOU. NEITHER PRI NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR APPLICATIONS, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PROGRAM, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE PROGRAM OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PROGRAM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PRI HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED IN MEETING ITS ESSENTIAL PURPOSE.

IF YOU ARE DISSATISFIED WITH THE PROGRAM OR THESE TERMS, YOUR ONLY REMEDY IS TO DISCONTINUE PARTICIPATION IN THE PROGRAM.

FOR THE AVOIDANCE OF DOUBT, IF YOU ARE DISSATISFIED WITH THE HEALTHCARE SERVICES YOU ARE RECEIVING FROM A PROVIDER, YOU MAY HAVE ADDITIONAL REMEDIES REGARDING THE PROVISION OF HEALTHCARE SERVICES.

YOU ACKNOWLEDGE THAT IF YOU USE THE PROGRAM DURING OR IN RELATION TO AN EMERGENT, SERIOUS, OR LIFE-THREATENING CONDITION, SUCH USE IS AT YOUR SOLE RISK. PRI IS NOT LIABLE TO YOU OR ANY PERSON FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON INFORMATION INCLUDED AS PART OF THE PROGRAM.

PRI IS NOT LIABLE TO ANY USER OR PERSON FOR ANY HARM CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF ANY PROVIDERS OR CLINICIANS/CAREGIVERS, WHETHER OR NOT RELYING UPON INFORMATION COLLECTED, GENERATED, OR STORED VIA THE PROGRAM.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, PRI’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00. ANY CLAIM ARISING FROM THE USAGE OF THE PROGRAM MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE OCCURRENCE OF THE EVENT FROM WHICH THE CLAIM AROSE.

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS PRI AND ITS REPRESENTATIVES FROM ANY LIABILITY, LOSS, CLAIM, SUIT, DAMAGE, AND EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE PROGRAM, YOUR VIOLATION OF THESE TERMS, OR ANY NEGLIGENT OR WRONGFUL CONDUCT BY YOU OR RELATED TO YOUR USER ACCOUNT BY YOU OR ANY OTHER PERSON ACCESSING THE PROGRAM THROUGH YOUR USER ACCOUNT, REGARDLESS OF WHETHER YOU WERE AWARE OF SUCH USE.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

PROVIDING FEEDBACK TO PRI

We welcome and encourage You to provide feedback, comments, and suggestions for improvements to the Program (“Feedback”). You may submit Feedback by e-mailing Us at support@precisionrecovery.com You acknowledge and agree that if You submit any Feedback to Us, You grant to Us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable license under any and all intellectual property rights that You own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.

USER ACCOUNT TERMINATION

If You breach any of these Terms, We may suspend or disable Your User Account or terminate Your access to the Program without prior notice to You.  There may be other instances where We may need to terminate Your access to the Program that are not related to any of Your actions or inactions.  We reserve the right to terminate Your access to and use of the Program and materials at any time, with or without cause. 

If You wish to terminate Your User Account, please contact PRI at support@precisionrecovery.com, immediately discontinue Your use of the Program, and delete all files associated with the Program from Your computer or mobile device.

DISPUTE RESOLUTION

*PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS*

You agree that any dispute between You and PRI arising out of or relating to these Terms will be governed by the dispute resolution procedure outlined below. We want to address Your concerns without needing a formal legal case, so We have included a tiered dispute resolution process. This Dispute Resolution section may be modified by a written agreement between You and PRI.

Informal Dispute Resolution.

Before filing a claim against PRI, You agree to try to resolve the dispute informally by contacting support@precisionrecovery.com. Most user concerns can be resolved quickly and to Your satisfaction through email.

Arbitration Agreement.

In the unlikely event that Our support team is unable to resolve a complaint You may have (or if We have not been able to resolve a dispute with You after attempting to do so informally), including, but not limited to, any alleged breach of these Terms, You agree to resolve the dispute through binding arbitration. Arbitration, which is often less expensive, faster, and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award, and may, but do not have to, award legal fees, arbitrator’s fees and costs, and other costs incurred by the party that does not win the dispute. You agree that any dispute will be exclusively, fully, and finally resolved using binding arbitration through the American Health Lawyers Association (“AHLA”).

Arbitration Procedure

You and PRI agree to employ three (3) arbitrators (the “Panel”), where one arbitrator (1) is selected by You, and one (1) arbitrator is selected by PRI, and the third (3rd) arbitrator is selected by mutual consent of You and PRI. If You and PRI cannot agree upon the third arbitrator, the first two (2) arbitrators chosen shall select the third arbitrator. The selection decision shall be binding.

The arbitration shall be conducted by telephone, online, and/or be solely based on written submissions—the specific manner to be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. Any judgment on the award rendered by the Panel may be entered in any court of competent jurisdiction.

Any claim or dispute arising under these Terms must be initiated by arbitration within two (2) years from its accrual date. Any claim or dispute initiated two (2) years or longer from its accrual date shall be time-barred and dismissed.

Cost of Arbitration

You and PRI shall each pay 50% of all mediators and/or arbitrator costs, expenses, and fees incurred in connection with mediating and/or arbitrating under these Terms.

Exceptions to Agreement to Arbitrate.

PRI may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Program or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in the informal dispute-resolution process described above.

YOU MAY ONLY RESOLVE DISPUTES WITH PRI ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED UNDER THESE TERMS.

Opt-Out of Alternative Dispute Resolution Process.

Notwithstanding the above, You can decline or “opt-out” of the alternative dispute resolution process described above by contacting support@precisionrecovery.com within thirty (30) days of first accepting these Terms and stating that You (first and last name) decline this dispute resolution process.

YOU UNDERSTAND AND AGREE THAT, BY NOT OPTING OUT OF THE ALTERNATIVE DISPUTE RESOLUTION PROCESS DESCRIBED, YOU WAIVE ANY RIGHT TO A JURY TRIAL TO WHICH YOU MAY OTHERWISE BE ENTITLED IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THESE TERMS.

If You opt-out of the dispute resolution process described in this section, or if any matter is otherwise determined not to be subject to such dispute resolution process, You submit to the exclusive jurisdiction of any state or federal court sitting in the State of New York within twenty-five (25) miles of New York County, New York in any legal proceeding arising out of or relating to these Terms. You agree that any and all claims and matters arising out of these Terms, unless subject to the dispute resolution process described above, may be heard and determined in any such court, and You hereby waive any right to object to such filing on grounds of improper venue, forum non-convenience, or other venue-related grounds, unless such objection asserts that the claim or matter in dispute is subject to determination through the dispute resolution process described above.

GENERAL CONTRACT TERMS

Entire Agreement.

These Terms, the Patient User Privacy Policy, and any other terms incorporated by reference, constitute the entire and exclusive understanding and agreement between PRI and You regarding the Program, and these Terms supersede and replace any and all prior oral or written understandings or agreements between PRI and You regarding the Program.

Governing Law.

These Terms shall be governed by the laws of the State of New York without reference to its conflict of laws provisions.

Assignment.

You may not assign or transfer these Terms, by operation of law or otherwise, without PRI’s prior written consent. Any attempt by You to assign or transfer these Terms, without such consent, will be null and of no effect. PRI may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Notices.

Any notices or other communications permitted or required under these Terms, including those regarding modifications to these Terms, will be in writing and given: (i) by PRI via email (in each case to the address that You provide); and/or (ii) by posting to the App or Platform. For notices made by email, the notice will be effective as of the date the notice is first transmitted. You agree that any notice received from PRI electronically satisfies any legal requirement that such notice be in writing. YOU ALONE ARE RESPONSIBLE FOR ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH PRI IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING OF AN EMAIL TO THE ADDRESS WE HAVE ON FILE.

You shall give any notice to PRI by email to: support@precisionrecovery.com. Notice to PRI shall be effective upon receipt of notice by PRI.

No Inadvertent Waiver.

The failure of PRI to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of PRI.

Severability.

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions of these Terms remain in full force, provided that the essential terms and conditions remain valid, binding, and enforceable and the economic and legal substance of the transactions contemplated by these Terms are materially preserved.

Intellectual Property Rights.

“Intellectual Property Rights” means all intellectual property rights or similar proprietary rights, including (i) patent rights and utility models, (ii) copyrights and database rights, (iii) trademarks trade names, domain names, and trade dress and the goodwill associated therewith, (iv) trade secrets, (v) mask works, and (vi) industrial design rights; in each case, including any registrations of, applications to register, and renewals and extensions of, any of the foregoing in any jurisdiction in the world.

As between You and Us, all right, title, and interest, including all Intellectual Property Rights, in the Program, any related materials, logos, products, and documentation, and any other property or materials furnished or made available hereunder, and all modifications and enhancements thereof, belong to and are retained solely by PRI or its licensors, vendors, and affiliates, as applicable. All rights not expressly granted are reserved by Us. Any use of the Program not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Remedies.

Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If, for any reason, a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.

Contacting PRI.

Please feel free to contact Us if You have any questions about these Terms and/or any other documents referenced in these Terms. You may contact Us at support@precisionrecovery.com or at our mailing address:

Precision Recovery, Inc.

25 Broadway, 10th Floor, New York, NY 10004

 

Privacy & Data Security Officer:
Precision Recovery, Inc.

Privacy & Data Security Officer

25 Broadway, 10th Floor, New York, NY 1004