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BIZSECURE COVID-19 SYMPTOM RISK ASSESSMENT TOOL TERMS OF USE

 

These terms of use (“Terms and Conditions”) are an agreement between you and BizSecure LLC (and its subsidiaries and affiliates) (collectively “BizSecure”) regarding your use of the BizSecure COVID-19 Symptom Risk Assessment Tool (the “Risk Assessment Tool”). By using the Risk Assessment Tool you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you are not entitled to use the Risk Assessment Tool.

Use of the Risk Assessment Tool and the BizSecure Health System website and related services(the “Website”) are subject to these Terms and Conditions as set forth below.

For your information, the date of the last revision of this Terms and Conditions is stated at the bottom of this document. Funding for this Risk Assessment Tool and Website is provided exclusively by BizSecure. No paid advertising is accepted and all banner links are to services or programs offered by BizSecure. Links to external resources do not constitute an endorsement or recommendation. It is up to you to take precautions to ensure that whatever you select for your use or download is free of items such as viruses, worms, and Trojan horses. If you decide to access any of the third-party sites linked to the Website, you do this entirely at your own risk.

  1. Scope of Use. Subject to the Terms and Conditions, BizSecure hereby grants you a non-exclusive, non-assignable, non-transferable, limited license, without right to sublicense, to access and use, in accordance with these Terms and Conditions, the Risk Assessment Tool solely for your own informational, non-commercial use (the “License”). The Risk Assessment Tool is licensed and not sold to you under these Terms and Conditions. You have no ownership rights in the Risk Assessment Tool or any related documentation. BizSecure retains all right, title, and interest in and to the Risk Assessment Tool (including any changes, modifications, or corrections thereto) and any related documentation.
  2. Privacy. BizSecure values your privacy. The BizSecure Website’s Privacy Policy is incorporated into this Agreement by reference. Unless specifically noted otherwise, BizSecure does not wish to receive any personal, confidential, or proprietary information from you through the Website. Any information or material sent to BizSecure through the Website, including but not limited to email, data, images, sounds, and text (collectively “Communications”) will be deemed to not be confidential except as provided otherwise by our Privacy Policy.

In accordance with the Privacy Policy and all applicable laws, any medical information that BizSecure receives as a result of your patient relationship with BizSecure, will be maintained in strict confidence and will not be disclosed to any unaffiliated third party unless you authorize that person to receive your information or the information is required to be disclosed by law. BizSecure does not ensure that the Risk Assessment Tool or any information on its Risk Assessment Tool or Website or server will be available at all times or that all information will be accurate as you are also responsible for inputting information into the Risk Assessment Tool and Website.

The Risk Assessment Tool permits users to submit information (individually and collectively, “User Data”). All User Data is the sole responsibility of the person by whom the User Data was submitted. BizSecure does not control the User Data and, therefore, BizSecure does not guarantee the accuracy, integrity, or quality of such User Data or results obtained as a result of the User Data. You agree that you must evaluate, and bear all risks associated with, BizSecure’s use of any User Data. By submitting the User Data, you grant BizSecure a perpetual, non-exclusive license to use the User Data, in accordance with its Privacy Policy, in order to provide the services performed or provided by the Risk Assessment Tool. BizSecure disclaims all liability with respect to any User Data, including as it relates to any access to, use or disclosure of such User Content.

  1. Use and Ownership of Information. Except for making a hard copy printout of the information provided on this Risk Assessment Tool and Website, downloading the material for a personal use, and the automatic copies that your web browser may make to a temporary cache on your computer’s hard drive for ordinary private viewing purposes, all links, pages, and content (including text, art, graphics, and logos) on or within this Website are the property of BizSecure (“Website Content”). The Website Content is protected by U.S. and International copyright, trademark, or service mark laws. Nothing on this Risk Assessment Tool or Website should be construed as granting any license or right to use any trademark, service mark or logo displayed on this Website without the express written permission of BizSecure (or the third party that may own the trademark or service mark).

You agree not to personally reproduce, modify, transmit, or display any information provided on the Risk Assessment Tool other than for the purpose of sharing the Risk Assessment Tool guidance with your employer or medical provider. You agree not to personally reproduce, modify, transmit or display any information provided on the Website without the express prior written consent of an officer of BizSecure or to assist a third party to do the same.

The content on the Website is provided for informational purposes only. BizSecure hereby grants you a nonexclusive license to use the Website solely for your personal, non-commercial use and not to use the Site to obtain materials, data or information for purposes of gaining a competitive advantage. As a condition of your use of this Website, you warrant to BizSecure, that you will not use this Website for any purpose that is unlawful or prohibited by this Agreement. If you breach any of these Terms and Conditions, your authorization to use this Website automatically terminates and you must immediately destroy any downloaded or printed materials.

Any user names and/or passwords (“User Codes”) that are created for you via your use of the Website or Related Services are personal to you and for your use only. You are responsible for maintaining the confidentiality of the User Codes and are responsible for any acts or omissions that occur while your User Codes are being used. You must immediately report to BizSecure if any of your User Codes have been compromised, lost, or stolen.

By sending BizSecure any Communications, you grant BizSecure an unrestricted, irrevocable and royalty free license to use, reproduce, display, perform, modify, transmit and distribute those Communications in and on all media now known or later developed. You waive any rights to any such materials and information of any and all Communications. You represent and warrant that any information in Communications you provide is true, correct, and complete and that you are the owner of the information or have the ability to grant BizSecure the license stated above.

Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by BizSecure.

  1. No Medical Advice and No Provider/Patient Relationship. You understand and agree that your use of this Risk Assessment Tool or the Website does not create any physician-patient relationship or constitute medical advice. The Risk Assessment Tool is made available to you as a way for you to check for common COVID-19 symptoms and it is not intended to be a substitute for professional medical advice, diagnosis, or treatment. The information on the Website is made available to you as a way to gather general medical information and it is not intended to be a substitute for professional medical advice, diagnosis, or treatment. The information provided to you through the Risk Assessment Tool or Website is not intended to be a substitute for your relationship with a health care professional. Always seek the advice of your physician or other qualified health care provider for any questions you may have regarding a medical condition. Never disregard professional medical advice or delay seeking advice or treatment because of something you read on the Risk Assessment Tool or this Website. Do not use this Risk Assessment Tool or Website for medical emergencies. In an emergency, call your doctor or 911 immediately.
  2. Prohibited Uses. Unauthorized use of the material or information provided to you through this Risk Assessment Tool or Website is strictly prohibited and will subject you to termination of access and prosecution. You agree not to: (i) use any of the information or material on this Risk Assessment Tool or Website to create links to any other website except upon prior written authorization of an officer of BizSecure; (ii) incorporate all or any of this Website into another website except upon prior written authorization of an officer of BizSecure; (iii) link to isolated elements on Website (including photographs, illustrations, diagrams, buttons, text or any other elements whatsoever) for the purpose of “inlining” them into the context of other webpages, or for linking such isolated elements to other webpages; and (iv) upload, post, transmit or otherwise distribute or reproduce any information or material provided through this Website or Related Services without the prior written authorization of an officer of BizSecure.
  3. Disclaimer of Warranties. Again, BizSecure assumes no responsibility for how you use the information you obtain from this Risk Assessment Tool or Website. BizSecure does not independently verify the accuracy or utility of the information within the Risk Assessment Tool. While BizSecure has taken great care to compile information included on this Website, BizSecure does not endorse or recommend any of the treatment, medications, procedures or products mentioned on this Website or in any of the Related Services, nor does BizSecure credential any individual or organization contributing to or linked to the Website. Furthermore, please note that while BizSecure attempts to keep information on its Website up to date, medical information changes frequently, and some information may be out of date.

ALL INFORMATION PROVIDED ON THIS WEBSITE, INCLUDING ALL TEXT, GRAPHICS, AND LINKS, ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT ALLOWED BY LAW, BIZSECURE DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR PERFORMANCE. BIZSECURE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, MATERIALS OR ADVICE PROVIDED THROUGH THIS WEBSITE ARE ACCURATE, COMPLETE, CORRECT, TIMELY, RELIABLE, OR CURRENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, RELATED SERVICES, AND HYPERLINKED WEBSITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BIZSECURE OR BIZSECURE’S AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.

  1. Waiver, Release, and Limitation of Liability. You agree that in no event shall BizSecure, each of its officers, directors, employees, agents, 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 Risk Assessment Tool or Website and shall have no liability to you or responsibility of any kind to you for any special, indirect, incidental, consequential or punitive damages including, but not limited to, damages for personal injury, wrongful death, loss of use, loss of profits or loss of data, whether involving an action in warranty, contract, tort, or otherwise, even if BizSecure and each of its officers, directors, employees, agents, representatives or sponsors are advised of the likelihood or possibility of the same. You agree that BizSecure and each of its officers, directors, employees, agents, representatives or sponsors shall have no liability to you for or relating to any delay, interruption or corruption of data or any other information resulting from access to or inability to access the Risk Assessment Tool or Website, whether or not BizSecure and each of its officers, directors, employees, agents, representatives or sponsors are advised of the same. You further agree that any cause of action you may have in relation to the use of the Risk Assessment Tool or Website must be instituted within six months after the claim or cause of action arises or be forever barred and waived.

YOU ADDITIONALLY AGREE THAT IN THE EVENT SOMEONE OTHER THAN YOU GAINS ACCESS TO THE MEDICAL INFORMATION FOUND ON BIZSECURE’S WEBSITE EITHER THROUGH THEFT OF YOUR PERSONAL IDENTITY, INTIMATE KNOWLEDGE OF THE ANSWERS TO YOUR SECURITY QUESTIONS OR YOUR FAILURE TO PROPERLY PROTECT YOUR PASSWORDS AND/OR SECURITY QUESTION INFORMATION, YOU WAIVE ANY AND ALL RIGHTS TO PURSUE BIZSECURE FOR ANY CLAIM FOR DAMAGES OF ANY TYPE THAT MAY ARISE OUT OF THIS IMPROPER ACCESS OR IDENTITY THEFT.

  1. Indemnification. You agree to indemnify and hold harmless BizSecure and their officers, directors, employees, agents, representatives, and sponsors from and against any claims, causes of action, liabilities, settlements, damages and expenses, including, but not limited to, attorneys fees and accounting fees, relating to or arising out of your violation of this Agreement or any activity related to or arising out of your use of the Risk Assessment Tool or Website.
  2. Term; Termination. This Agreement shall commence upon your accessing the Risk Assessment Tool or Website. BizSecure may terminate these Terms and Conditions without prior notice at any time for any reason, including but not limited to personal account access to any services and applications due to extended periods of inactivity and upon notification of your death. All provisions that by their nature are intended to survive, including but not limited to disclaimers, waiver, releases, and limitations of liability provisions, shall survive the termination of these Terms and Conditions. All other provisions shall be of no further force or effect upon termination.
  3. Third-Party Rights. You understand and agree that BizSecure and their officers, directors, employees, agents, representatives, and sponsors shall have the right to assert and enforce the provisions of the Waiver, Release, and Limitation of Liability and Indemnification paragraphs of this Terms and Conditions directly against you any third-party user of the Risk Assessment Tool and Website.
  4. Governing Law. California law shall govern the construction and enforceability of these Terms and Conditions.
  5. Arbitration: All disputes hereunder, including but not limited to, claims for breach of this Agreement, claims based on state or federal statutes, including civil rights claims under state and federal law, and claims based on common law, shall be resolved through arbitration. Arbitration shall be conducted according to the California Court Rules and the applicable rules of the American Arbitration Association (“AAA”). In the event of a conflict between the California Court Rules and AAA Rules, the California Court Rules shall control. Arbitration shall be recourse for resolution of disputes arising under these Terms and Conditions. The individual or entity asserting the claim must initiate the arbitration by filing a written Demand for Arbitration (the “Demand”) with both the regional office of AAA and the other parties. This Demand shall be filed within one hundred eighty (180) days of the date the claim accrued, or the claim shall be forever barred. The arbitration shall be conducted in San Diego County, California. The parties involved in the arbitration (the “Parties”) shall have the right to legal counsel and reasonable discovery. Parties shall bear equally the cost of AAA’s filing fee. The arbitrator, however, shall have the authority to grant any remedy or relief that would have been available to the Parties had the matter been heard in court, including the allocation of fees. The arbitrator’s award shall be final and binding, and a judgment of the California Circuit Court or the United States District Court may be rendered thereon. Judicial review shall not be permitted unless allowed by California law. If any court competent jurisdiction or arbitrator finds any provision of this Agreement to be unenforceable, such provision shall be enforced to the maximum extent permissible, and the remainder of this Agreement shall be separately enforced.
  6. Equitable Relief. You agree that a breach by you of this Agreement will cause us irreparable damage, which cannot be readily remedied by money damages. Accordingly, you agree that BizSecure can obtain an immediate injunction against a breach by you, without posting of bond or showing of damages, in addition to any other remedies available.
  7. Reference Headings. Headings used in this Terms and Conditions are for the convenience of reference only and shall not be used to interpret these Terms and Conditions.
  8. Waiver. BizSecure’s failure to insist upon or enforce strict performance of any provision of this Terms and Conditions shall not be construed as a waiver of any provision or right.
  9. Severability. If any provision of this Terms and Conditions is found by a court of competent jurisdiction to be invalid or unenforceable, the parties agree that all other provisions of this Terms and Conditions shall remain in full force and effect.
  10. Assignment. BizSecure may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you.
  11. Consent to Use of Data. You agree that BizSecure may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of Site updates, product support, and other services to you (if any) related to the Risk Assessment Tool and Website. BizSecure may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
  12. Functionality. You acknowledge that the Risk Assessment Tool and the Website may be interrupted from time to time. You further acknowledge that the Risk Assessment Tool and Website are not error-free. BizSecure cannot accept any responsibility under these Terms and Conditions for the functioning of your device with respect to the Risk Assessment Tool or Website.
  13. Entire Agreement. This Terms and Conditions constitute the entire agreement between you and BizSecure with respect to the Risk Assessment Tool and Website and its content. Any modification or amendment to this Terms and Conditions by you must be in writing and signed by an officer of BizSecure. In its sole discretion, BizSecure may, from time to time, revise these Terms and Conditions without your consent. You should, therefore, periodically visit this page to review the current Terms and Conditions. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms and Conditions.

 

August, 2020