Acceptance.
It is important that you read all the following terms and conditions carefully.This User Terms of Use (“Agreement”) is between you and employer (“Employer”, “we”, “our” or “us”)of the website at [employerwebsite.com], and our mobile sites, mobile applications, SMS text messaging services and other online and mobile services (the “Website”).
PLEASE READ THIS TERMS OF USE CAREFULLY.
It states the terms and conditions under which you may access and use the Website and all written and other materials displayed or made available through theWebsite, including, without limitation, articles, text, photographs, images, illustrations, audio clips, video clips, computer software, and code (the “Content”).
By accessing and using the Website, you are indicating your acceptance to be bound by the terms and conditions of this Agreement and the Assumption of Risk as toCovid-19 Known as Coronavirus and Release of Liability Assumption at the end of this Agreement. If you do not accept these terms and conditions, you must not access or use the Website.
We may revise this Agreement at any time by updating this posting. Use of the Website after such changes are posted will signify your acceptance of these revised terms. You should visit this page periodically to review thisAgreement.
Medical.
Do NOT use the Website for medical diagnosis, advice, treatment or medical emergency. If you have a medical emergency, call a physician or qualified healthcare provider, or CALL 911 immediately. Under no circumstances should you attempt self-treatment based on anything you have seen or read on the Website.General information is not medical advice. The general information provided on the Website is for informational purposes only and is not professional medical advice, diagnosis, treatment, or care, nor is it intended to be a substitute therefore. Always seek the advice of your physician or other qualified health provider properly licensed to practice medicine or general healthcare in your jurisdiction concerning any questions you may have regarding any information obtained from this Website and any medical condition you believe may be relevant to you or to someone else. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website.Always consult with your physician or other qualified healthcare provider before embarking on a new treatment. Information obtained on the Website is based on recommendations and guidelines developed by the Center for Disease and Control and it is updated regularly but it is not exhaustive and does not coverall cases, diseases, or their treatment.
No physician-patient relationship
The presentation of general information on the Website does not establish a physician-patient relationship between you and Employer and is not intended as a solicitation of individuals to become patients or clients of Employer.
Employee portal services
The HealthyScreen Service does not provide medical advice or connect employees directly to a health care provider.The screening tool relies on the information provided by you which we do not independently verify. We assume no responsibility for how you use the information you obtain from the screening tool. In no event shall we or our officers, directors, employees, agents, contractors, representatives or sponsors be liable to you or have any responsibility of any kind to you under any theory of liability or indemnity related to or arising out of your use of the information presented or contained herein. While we attempt to use the most up-to-date information, medical information changes frequently and some information may be out of date.
You hereby agree to the terms of this Addendum titled ASSUMPTION OF RISK AS TO COVID-19.
KNOWN AS CORONAVIRUS AND RELEASE OF LIABILITY. THE INFORMATION IN THIS TOOL IS OFFERED AS-IS AND SUCH INFORMATION IS USED AND RELIED UPON ENTIRELY AT YOUR OWN RISK. USERS ARE SOLELY RESPONSIBLE FOR ANY LIABILITIES ARISING FROM THE USE OR MISUSE OF THE INFORMATION IN THIS SCREENING TOOL.
If you have questions about the information contained in or made available through this Screening Tool, please contact a health care professional.
Disclaimer of warranties
THE WEBSITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WHILE WE ENDEAVOR TO PROVIDE INFORMATION THAT IS CORRECT, ACCURATE, CURRENT, AND TIMELY, WE MAKE NO REPRESENTATIONS, WARRANTIES, OR COVENANTS, EXPRESS OR IMPLIED, REGARDING THE WEBSITE AND THE CONTENT INCLUDING, WITHOUT LIMITATION, NO REPRESENTATION, WARRANTY, OR COVENANT THAT (I) THE CONTENT CONTAINED IN OR MADE AVAILABLE THROUGH THE WEBSITE OR ANY ITEM(S) MADE AVAILABLE ON OR THROUGH THE WEBSITE WILL BE OF MERCHANTABLE QUALITY AND/OR FIT FOR A PARTICULAR PURPOSE; (II) THE WEBSITE OR CONTENT WILL BE ACCURATE, COMPLETE, CURRENT, RELIABLE, TIMELY, OR SUITABLE FOR ANY PARTICULAR PURPOSE; (III) THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (IV) THAT DEFECTS OR ERRORS IN THE WEBSITE OR THE CONTENT, BE IT HUMAN OR COMPUTER ERRORS, WILL BE CORRECTED; AND (V) THAT COMMUNICATIONS TO ORFROM THE WEBSITE WILL BE SECURE AND/OR NOT INTERCEPTED. YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS AND USE OF THE WEBSITE AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK AND LIABILITY.
Limitation of liability
IN NO EVENT SHALL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR DAMAGES OF ANY KIND,INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL,OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF, OR RELATING TO, LOST BUSINESS, MEDICAL INJURY, PERSONAL INJURY, WRONGFUL DEATH, IMPROPER DIAGNOSIS, INACCURATE INFORMATION, IMPROPER TREATMENT, OR ANY OTHER LOSS INCURRED IN CONNECTION WITH YOUR USE, MISUSE, OR RELIANCE UPON THE WEBSITE OR THE CONTENT, OR YOUR INABILITY TO USE THE WEBSITE, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF WE KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
WE ALSO EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD-PARTY USER OF THE WEBSITE, OR ANY ADVERTISER OR SPONSOR OFTHE WEBSITE (“THIRD-PARTY”). UNDER NO CIRCUMSTANCES SHALL WE, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY INJURY, LOSS, DAMAGE (INCLUDING DIRECT, SPECIAL,INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES), OR EXPENSE ARISING IN ANY MANNER WHATSOEVER FROM (I) THE ACTS, OMISSIONS, OR CONDUCT OF ANY THIRD-PARTY; AND (II) ANY ACCESS, USE, RELIANCE UPON, OR INABILITY TO USE ANY MATERIALS, CONTENT, GOODS, OR SERVICES LOCATED AT, OR MADE AVAILABLE AT, ANY WEBSITE LINKED TO OR FROM THE WEBSITE, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF WE KNEWOF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnity
You agree to indemnify, defend, and hold harmless us and our officers, directors, employees, agents, contractors, licensors, and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from (i) your breach of any of the terms and conditions of this Agreement; (ii) your access to, use, misuse, reliance upon, or inability to access or use the Website, the Content, or any Website to which the Website is or may be linked to from time to time or; (iii) your use of, reliance on, publication, communication, distribution, uploading, or downloading of anything (including the Content) on or from theWebsite.
Use of the Website
We authorize you to access and use the Website for your personal noncommercial use in accordance with the terms and conditions of this Agreement. You acknowledge and agree that the Website, and its contents, are intended only as a reference.
Copyright
The Content is protected by copyright law and is owned by us and our licensors, or the party accredited as the provider of the Content. Except as granted in the limited license herein, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the Website or of its Content, whether in whole or in part, is prohibited without the express prior written consent from us.
Limited license
Subject to the terms and conditions of thisAgreement, you are hereby granted a limited, non- transferable, and nonexclusive license to access, view, and use the Website and the Content for your personal, non-commercial use. You are granted the right to download, store, and/or print single copies of items comprising the Content for your personal, noncommercial use, provided that you maintain all copyright and other notices contained in such Content. You may not copy and/or repost items comprising the Content online. You must also abide by any additional requirements governing the use of any specific Content that may be set out in the Website. In the event of a conflict between the terms of a license governing specific Content and this Agreement, the terms of the specific license shall govern.
Linking
This Website may contain links to third-party Websites. These links are provided solely as a convenience to you and not as an endorsement by us of any third-party Website or the content thereof. Unless expressly stated, we do not operate any third-party Website linked to the Website and are not responsible for the content of any third-party Website.
Rules of conduct regarding
Submissions When using any of the features of the Website which allow you to post, upload, or make Submissions, it is a condition of your use of the Website that you do not:
Registration
You may be asked to create an account with the Website. When you register with the Website, you agree (i) to provide true, accurate, current, and complete information about yourself as prompted by any registration form; and (ii) to maintain and promptly update the information to ensure it remains true, accurate, current, and complete. If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your access to all or part of the Website. Our use of any personally identifying information you provide as part of the registration process is governed by the terms of our Privacy Policy.
Passwords
You are responsible for (i) protecting your personal information on your devices and (ii) creating strong passwords on the devices that contain personal information that you provide or is created from the use of our Website. You are responsible for all activities that occur on your devices. You agree to notify employer immediately of any unauthorized access to your personal information related to use of this Website or any other breach of security. We will not be liable for any loss or damage arising from your failure to protect your device or create a password that protects your personal information.
Software license and ownership
All software embedded in or located on or at the Website, including, without limitation, all computer code of all types, including all files and/or images contained in or generated by such software (“Software”) is protected by copyright and may be protected by other rights. All such Software is owned by us, its licensors, or the party accredited with ownership of suchSoftware. You are hereby granted the right to access and use the Software embedded and integrated into the Website, subject to (i) the terms and conditions of this Agreement; and (ii) any additional conditions which may be imposed on your access and use of such Software. Except to the extent expressly permitted in this Agreement, you may not (i) use, reproduce, modify, adapt, translate, upload, download, or transmit the Software in whole or in part; (ii)sell, rent, lease, license, transfer, or otherwise provide access to theSoftware; (iii) alter, remove, or cover any trademarks or proprietary notices included in the Software; and/or (iv) decompile, disassemble, decrypt, extract, or reverse engineer the Software or assist others in doing so. Other than the limited license granted herein, nothing contained in the Website shall be construed as granting you any right, title, interest, or other license in or to any Software embedded or integrated into the Website or made available for download from the Website, including, but not limited, to any intellectual property rights in the Software.
Tools
Any tools or calculators provided on the Website are provided for general and illustrative purposes only. Such tools and/ or calculators are not medical advice nor are they intended to be a substitute therefor. You should not act or abstain from acting based on any information provided by any such tool or calculator available on this Website.
Modification to Website
We reserve the right any time, and from time to time, to modify or discontinue, temporarily or permanently, theWebsite (or any part thereof ) with or without notice to you. We shall have no liability to you or any third party for any modifications, suspension, or discontinuance of the Website or any part thereof.
Governing law and jurisdiction
The Website is operated from our office within the State of California. You agree that all matters relating to your access or use of the Website and its Content shall be governed by the laws of the State of California, without regard to conflict of laws principles. WaiverAny consent by employer to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of any other, different or subsequent breach.
Severability
The invalidity or unenforceability of any provision of this Agreement or any covenant contained herein shall not affect the validity or enforceability of any other provision or covenant contained herein and any such invalid provision or covenant shall be deemed severable from the rest of this Agreement.
Termination
We may, in its sole discretion, cancel or terminate your right to use theWebsite, or any part of the Website, at any time without notice. In the event of termination, you are no longer authorized to access the Website, or the part of the Website affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Website and the disclaimers and limitations of liabilities set forth in this Agreement, shall survive termination of this Agreement. We shall not be liable to any party for such termination.
Entire Agreement
This is the entire Agreement between you and Employer relating to your access and use of the Website.Notice or Questions Notice Questions or comments regarding the Website should be directed by email to support@healthyscreen.ai.
ASSUMPTION OF RISK AS TO COVID-19 AND RELEASE OF LIABILITY ASSUMPTION
It is my understanding, that COVID-19 (Corona Virus) is a current worldwide pandemic. I understand that contact with any coworkers, customers, agents, independent contractors and working around or near furnishings, fixtures, bathroom facilities or materials furnished by my employer may involve personal contact that may expose me to infection or illness from COVID-19.
TheCDC advises:
The virus is thought to spread mainly from person to person. Recent studies indicate that people who are infected but do not have symptoms also known as asymptomatic individuals likely also play a role in the spread of Covid-19.
The virus can also survive on surfaces and spread to individuals who touch those surfaces. There is currently no vaccine to prevent Coronavirus disease. The best way to prevent illness is to avoid being exposed to the virus.
I fully understand that I may not be able to be within a safe distance as recommended by federal and state health agencies. I further understand that the screening process designed by HealthyScreen are tools utilized by employer to help reduce risk however implementation of such tool cannot insure that I will not be exposed to the virus.
I further hereby voluntarily by accepting the terms below agree that I fully understand the very high degree of potential contagion of COVID-19 and that I am at risk by attending and utilizing work premises and may be exposed or infected. I also understand that such exposure may cause personal injury not only to myself but to anyone who I may come in to contact. Such personal injury includes but is not limited to illness, permanent disability and death.
I further hereby voluntarily agree as so indicated below that I accept all risk and am solely responsible for any injury to myself or any person that I come in contact with including but not limited to illness, permanent disability or death and by assuming such risk shall not hold my employer, and their employees, agents, contractors, or representatives responsible for any injury, loss damage, claim, actions, damages, costs or expenses of any kind arising out of my contracting COVID-19.
I further hereby voluntarily agree by my acceptance that this is a full release of any claim or cause of action that I may have against HealthyScreen, my employer, their employees, agents, contractors, or representatives including but not limited to any action whether intentional or unintentional. My assumption of the risk is my sole responsibility and I shall not bring any claim or cause of action against said parties as I am fully aware of the serious risk and injury which I am subjecting myself.
The consideration for this full release is a part of the agreement to provide work.
I VOLUNTARILY AND FREELY ASSUME ALL RISK AND DANGERS THAT MAY OCCUR PURSUANT TO MY USE OF THE PREMISES INCLUDING THE RISK OF ILLNESS, INJURY, DEATH OR PROPERTY DAMAGE.
Please do not accept terms of this agreement unless you fully read and understand.
