3. Your Account and Obligations
When creating an account, you agree to provide true, accurate, current, and complete information about yourself (including in the case where a health program administrator created your account for you, or you logged in with your Facebook credentials or through those of other third party providers). You agree to maintain and promptly update this account information to keep it true, accurate, current, and complete.
You are responsible for maintaining the confidentiality of your account and credentials and restricting access to your computer and/or Numera Service, and you agree to accept responsibility for all activities that occur under your account and credentials. You agree to immediately notify Numera in the event that (i) your password is lost or stolen, or (ii) you become aware of any unauthorized use of your password, or (iii) you become aware of any breach of security that might affect Numera Services.
4. Numera Services
Numera Services provide easy to use functionality to report and store your submitted data, facilitate communication, and personalize your experience.
Numera Services are provided ‘as is’ and for general purposes only and do not provide diagnosis of any disease or medical condition. They are not intended to provide automated treatment decisions; or to be used as a substitute for professional healthcare judgment, direct medical supervision or emergency intervention. All patient medical diagnoses and treatment are to be performed under the supervision and oversight of an appropriate healthcare professional. Nothing contained in the Numera Services shall be construed as creating a medical care relationship between you and Numera. Numera, or any of its affiliated companies, is not responsible or liable for any diagnosis, decision or assessment made by you or any injuries you may incur as a result of any decisions made based on the content of the software, services and documents.
Numera Services provide tools to share information between patients/parents/guardians and response teams or healthcare providers but cannot guarantee that any information submitted will be reviewed. You are responsible for communicating any data to, and receiving feedback from another party. Your decision to rely on any information you receive from Numera Services is solely at your own risk.
5. Personal Data
If you are responsible for viewing, storing, or processing the Personal Data of another person or people, you agree:
- To notify us of any limitation(s) in your notice of privacy practices, to the extent that such limitation may affect our use or disclosure of Personal Data; and
- To notify us of any changes in, or revocation of, the permission by an end user to use or disclose his or her Personal Data, to the extent that such changes may affect our use or disclosure of Personal Data; and
- To notify us of any restriction on the use or disclosure of Personal Data that you have agreed to or are required to abide by under applicable laws and regulations, to the extent that such restriction may affect our use or disclosure of Personal Data.
5. Title and Ownership
The contents of Numera Services including the Website, such as devices, trademarks, product names, company names, logos, text, graphics, images, data compilations, software and other material (Content), are protected by copyright under U.S. and international laws/treaty, and title to the Content shall not pass to you or to any other user.
Unauthorized use of the Content may violate copyright, trademark, and other laws. None of the Content may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, re- transmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of Numera.
Except with our express prior written consent:
- You may not systematically download Content, including data, from or through Numera Services to make or populate another database for any purpose.
- Scraping, crawling and/or harvesting of any data and any pages from Numera Services without our explicit prior written consent is strictly prohibited.
- Use of Numera Services to develop any software product is strictly prohibited, as well as the use of the Content on any other website or in a networked computer environment for any purpose.
- You may not sell or modify the Content or reproduce, display, publicly perform, distribute or otherwise use the Content in any way for any public or commercial purpose.
6. Disclaimer of Warranties
THE NUMERA SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NUMERA SERVICES ARE PROVIDED BY NUMERA ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, UNLESS OTHERWISE SPECIFIED IN WRITING.
7. Limitation of Liabilities
To the fullest extent permitted by applicable laws we Numera, and on behalf of our employees, agents, suppliers, and contractors, exclude liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive or consequential damages, loss of use, loss of data, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we Numera have been advised of the possibility of such damages or losses, arising out of or in connection with the use of Numera Services or any website with which they are linked. You assume total responsibility for establishing such procedures for data back up as you consider necessary. This is a comprehensive limitation of liability that applies to all losses and damages of any kind whatsoever, whether the alleged liability is based on contract, negligence, tort, strict liability or any other basis. Some jurisdictions do not allow the limitation set up forth above, so these limitations of liability may not apply to you. If any part of this limitation of liability is found to be invalid or unenforceable for any reason, than the aggregate liability of Numera, its affiliates, service providers and licensors under such circumstances for liabilities that otherwise would have been limited, shall not exceed $10,000.
9. Term and Termination
11. Disputes and Governing Law
Informative list of applicable legislation.
Numera adheres to legislation in various countries and regions where the Numera Services are marketed. The following list provides examples of those legislation, but should in no way be regarded as complete.
Health Insurance Portability and Accountability Act of 1996 (HIPAA), as amended by the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH) and otherwise from time to time, and to associated privacy and security regulations at 45 C.F.R. parts 160 and 164.
National implementations of The European Data Protection Directive 95/46/EC.
The Canadian Federal and Provincial laws (including but not exclusively PIPEDA, PHIA and the E-Health Act of BC).