VideaHealth Terms of Use

1. Your Agreement to these Terms

Welcome to VideaHealth!

These terms and conditions of use (“Terms of Use”) are a legal agreement (this “Agreement”) between you (together with the business entity, if any, that you represent, “Client”) and Videa Health, Inc., with offices at 179 South St. Boston, MA 02123 VideaHealth” or “we”, “us” or “our”), establishing terms and conditions under which you and the entity that you represent (“you” or “your”)  shall access and use the  website at https://app.videahealth.io (“Website”) and the services available thereon (“Services”).  These Terms of Use incorporate the Privacy Policy set forth on the Website from time to time.

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BEFORE YOU CLICK ON THE “I AGREE” OR SIMILAR BUTTON OR OTHERWISE UTILIZE THE WEBSITE OR ANY OF THE SERVICES AVAILABLE AT THE WEBSITE, CAREFULLY READ THESE TERMS OF USE.  BY CLICKING ON THE “I AGREE” OR SIMILAR BUTTON, SUBMITTING ANY MATERIALS THROUGH THE WEBSITE OR USING THE SERVICES AVAILABLE ON THE WEBSITE, YOU ARE AGREEING TO BE BOUND BY AND BECOME A PARTY TO THESE TERMS OF USE.  THE INDIVIDUAL CLICKING ON THE “I AGREE” BUTTON REPRESENTS AND WARRANTS THAT HE OR SHE HAS THE AUTHORITY TO ENTER INTO THESE TERMS OF USE ON BEHALF OF THE ENTITY THEY REPRESENT.  IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN DO NOT CLICK “I ACCEPT”, AND YOU WILL NOT BE PERMITTED TO ACCESS AND/OR USE THE SERVICES.  

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2. Use of the Website and Services

Permission is granted for you to temporarily download one copy of the information or software (“Materials”) on the Website for personal, non-commercial transitory viewing only and to use all results of the Services provided to You for your business purposes. This is a grant of a license, not a transfer of title, and under this license you may not: modify or copy the Materials; use the Materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any Materials contained on the Website; remove any copyright or other proprietary notations from the Materials; or transfer the Materials to another person or "mirror" the Materials on any other server. Your license shall automatically terminate if you violate any of these restrictions and may be terminated by VideaHealth at any time. Upon terminating your viewing of these Materials or upon the termination of this license, you must destroy any downloaded Materials in your possession, whether in electronic or printed format.  VideaHealth may terminate your access to the Services at any time.  You agree that you shall not reverse engineer this Website or the Services and shall not provide any third party with access to your login credentials or the contents of the Website.  You are responsible for all activities which occur using your login credentials.

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3.  Your Submissions

You may submit, or you may already have submitted prior to the date hereof, images, annotations or other materials or content (“Your Materials”) to us through the Website in connection with your use of the Services.  You covenant that you have, and have at all times had, the right to submit Your Materials for the purposes set forth in these Terms of Use.  You hereby grant to VideaHealth a non-exclusive, royalty-free, irrevocable, perpetual, transferable, sublicensable (through one or more tiers), worldwide right to use Your Materials to (i) provide you with the Services, (ii) develop and improve VideaHealth’s products and services, including without limitation services available through the Website from time to time, (iii) create de-identified and aggregated data therefrom which does not identify you or any individual (“Aggregated Data”) and (iv) obtain and maintain regulatory approvals of VideaHealth’s products and services developed using, in part, Your Content; provided that VideaHealth will not disclose any of Your Content (other than Aggregated Data) to any third party except as required by applicable law or regulation.

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4. Disclaimer

YOU UNDERSTAND AND AGREE THAT THE VIDEAHEALTH WEBSITE AND ANY SERVICES, CONTENT OR MATERIALS CONTAINED ON OR PROVIDED BY THE VIDEAHEALTH WEBSITE OR RESULTS OBTAINED FROM THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. VIDEAHEALTH DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE OR ANY MATERIALS, INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE. IN ADDITION, VIDEAHEALTH DOES NOT GUARANTEE THAT USE OF THE WEBSITE OR SERVICES WILL BE FREE FROM TECHNOLOGICAL DIFFICULTIES INCLUDING, BUT NOT LIMITED TO, UNAVAILABILITY OF INFORMATION, DOWNTIME, SERVICE DISRUPTIONS, VIRUSES OR WORMS, AND YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT. 

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5. Limitations

THE USE OF THE WEBSITE AND SERVICES IS ENTIRELY AT YOUR OWN RISK, AND IN NO EVENT SHALL VIDEAHEALTH BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SERVICE, OR WEBSITES ACCESSED THROUGH THIS SERVICE, AND/OR CONTENT OR INFORMATION PROVIDED HEREIN. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MATERIALS AND SERVICES AVAILABLE THROUGH THE WEBSITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

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6. Accuracy of Materials

The Materials appearing on the Website could include technical, typographical, or photographic errors. VideaHealth does not warrant that any of the Materials on the Website are accurate, complete or current. VideaHealth may make changes to the Materials contained on the Website at any time without notice. However VideaHealth does not make any commitment to update the Materials.

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7. Links

VideaHealth has not reviewed all of the sites linked to the Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by VideaHealth of the linked website. Use of any such linked website is at the user's own risk.

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8. Modifications

VideaHealth may revise these Terms of Use for its Website at any time without notice. By using this Website you are agreeing to be bound by the then current version of these Terms of Use.

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9. Indemnification

You agree that you will indemnify VideaHealth against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys' fees and costs) arising out of a claim by a third party relating to materials you have posted or other actions taken by you on the Website. 

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10. Blogs and Interactive Media

If you use blogging features or otherwise post information to the Website, you give VideaHealth the irrevocable, perpetual, transferable, worldwide right to reproduce, distribute, publish, display, edit, modify, create derivative works from and otherwise use your submission for any purpose, in any form, and on any media.

If you post information to the Website, you agree you will not:

  • Post material that infringes on the rights of any third party, including intellectual property, privacy or publicity rights
  • Post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by VideaHealth in its sole discretion
  • Post advertisements of solicitations for business
  • Post chain letters or pyramid schemes
  • Impersonate another person including but not limited to a spouse, child or sibling
  • Allow another person to use your credentials for posting or viewing comments
  • Post the same note more than once or "spam"

VideaHealth reserves the right (but is not obligated) to do any or all of the following:

  • Remove communications that fail to conform with these Terms of Use
  • Terminate a user's access to the entire Website or specific features
  • Edit or delete any communications posted, regardless of whether such communications violate these standards.

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11. Governing Law; Assignment and Delegation

These terms and conditions are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts and you irrevocably submit to the exclusive jurisdiction of the state and federal courts in the Commonwealth of Massachusetts for any dispute that arises in connection with your accessing the Website.  VideaHealth may assign, subcontract and/or sublicense any of its rights or obligations hereunder without limitation.

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12. Contact information

If you have any questions about these Terms of Use or the Website, please contact us at info@videahealth.io.