This is an agreement between Wonder Health Care LLC, an Illinois limited liability company(“WHC”), the owner and operator of www.wonder4health.com (the “RPM Site”) and the Remote Patient Monitoring software and Application (“RPM Application”) and all content provided by through the RPM Site and RPM Application (collectively, referred to herein as the “Application”), and you (“you” or “You”), a user of the Application.
You may not use the Application if you do not agree with any terms of our Terms of Use or our Privacy Policy, which may be found here
Unless otherwise specified, these Terms of Use are applicable to both patients and medical providers who use the Application.
MEDICAL PROVIDERS must also agree to the Medical Provider Waiver of Liability, which may be found here
Subject to your compliance with these Terms of Use, WHC hereby grants you permission to use the Application, provided that: (i) your use of the Application as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Application, or in any other manner inconsistent with these Terms of Application; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Application in any medium without WHC’s prior written authorization; (iii) you will not attempt to reverse engineer, alter or modify any part of the Application; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use and Privacy Policy; and (v) you will not in any manner hold WHC liable for any Transmission or activity that arises out of the use of the Application.
WHC grants to you a limited, royalty-free, non-exclusive, personal and non-transferable, license to install and use the Application on a single personal mobile electronic device or smart phone owned or controlled by you solely for your own personal, non-commercial purposes, subject to your compliance with these Terms of Use.
THIS APPLICATION DOES NOT PROVIDE MEDICAL ADVICE OR MEDICAL TREATMENT
THE HEALTH-RELATED INFORMATION AVAILABLE THROUGH THIS APPLICATION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED, AND SHOULD NOT BE USED, TO REPLACE THE ADVICE OF HEALTHCARE PROFESSIONALS. YOU ARE SOLELY RESPONSIBLE FOR YOUR RELIANCE ON THE APPLICATION AND THE HEALTH-RELATED INFORMATION AVAILABLE THROUGH THE APPLICATION, AND FOR ALL DECISIONS OR ACTIONS RESULTING FROM YOUR USE OF THE APPLICATION AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO ANY DECISION NOT TO SEEK OR REFRAIN FROM SEEKING ANY DIAGNOSIS OR TREATMENT. YOU ARE ALSO SOLELY RESPONSIBLE FOR YOUR DECISION TO USE THE APPLICATIONS OF ANY PARTICULAR THIRD-PARTY PROVIDER. IF YOU HAVE SPECIFIC HEALTHCARE NEEDS, OR FOR COMPLETE HEALTH INFORMATION, PLEASE SEE A DOCTOR OR OTHER HEALTHCARE PROVIDER.
SEEK MEDICAL CARE: 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 application is available, or go to the nearest emergency room.
WHC does not confirm the credentials of any healthcare professional using the Application. WHC does not validate that any such persons are in good standing with their respective licensure board(s) or that they are using the Application in accordance with laws applicable to the practice of medicine. It is your responsibility as a patient to separately confirm that a healthcare provider is in good standing with his or her respective licensing board(s) and to exercise whatever other due diligence You feel appropriate in selecting and maintaining Your choice of healthcare professionals.
While this Application does provide certain health-related information, never disregard, avoid, or delay in obtaining medical advice from a physician or other qualified healthcare professional because of something contained in the Application. If You have or suspect that You have an urgent medical problem or condition, please contact a qualified healthcare professional immediately.
The Application (including any content made available through the Application) is the property of WHC (or its licensors) and is protected by applicable intellectual property laws. The Application is licensed, not sold, to you. You may utilize the Application only as permitted by these Terms. You may not, and will not permit any other party to: (1) modify, adapt, alter, translate or create derivative works of the Application; (2) use or merge the Application, or any component or element thereof, with other software, databases or Application not provided by WHC; (3) sublicense, distribute, sell or otherwise transfer the Application to any third party; (4) use the Application as anApplication bureau, or lease, rent or loan the Application to any third party; (5) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or structure of the Application; (6) interfere in any manner with the operation of the Application; (7) circumvent, or attempt to circumvent, any electronic protection measures in place to regulate or control access to the Application; (8) create a database by systematically downloading and storing the Application; (9) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather the Application or reproduce or circumvent the navigational structure or presentation of the Application without WHC’s express prior written consent; or (10) use the Application for any commercial purposes. You agree not to develop, distribute or sell any software or other functionality capable of launching, being launched from or otherwise integrated with the Application. You may not remove, alter or obscure any copyright notice or any other proprietary notice that appears on or in the Application.
The design of the Application along with WHC- created text, scripts, graphics, interactive features and the like, except Status Submissions (as defined below), and the trademarks, Application marks and logos contained therein (the “WHC Marks”), are owned by or licensed to WHC, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Application is provided to you for your information and personal use only. WHCreserves all rights not expressly granted in and to the Application. You agree to not engage in the use, copying, or distribution of any of the Application other than expressly permitted herein, including any use, copying, or distribution of Status Submissions of third parties obtained through the Application for any commercial purposes.By using the Application, you expressly waive any and all claims against WHCarising from the use of the Application.
THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THIS APPLICATION, WHC’S WEBSITE OR ANY THIRD PARTY SITES OR APPLICATIONS LINKED TO OR FROM ANY WHC SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT OUR SITES OR ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY WHC SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT, NOR DO WE WARRANT THE ACCURACY OF THE CONTENT OR ANY INFORMATION YOU MAY OBTAIN FROM OUR SITE. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
THE APPLICATION AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTIES WHATSOEVER. YOUR USE OF THE APPLICATIONS IS VOLUNTARY AND AT YOUR SOLE RISK.
THE HEALTH-RELATED INFORMATION AVAILABLE THROUGH THE APPLICATIONS IS GENERAL IN NATURE AND IS NOT A SUBSTITUTE FOR PROFESSIONAL HEALTHCARE. IT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED, AND SHOULD NOT BE USED, TO REPLACE THE ADVICE OF HEALTHCARE PROFESSIONALS. YOU ARE SOLELY RESPONSIBLE FOR YOUR RELIANCE ON THE APPLICATIONS AND THE HEALTH-RELATED INFORMATION AVAILABLE THROUGH THE APPLICATIONS, AND FOR ALL DECISIONS OR ACTIONS RESULTING FROM YOUR USE OF THE APPLICATIONS AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO ANY DECISION NOT TO SEEK OR REFRAIN FROM SEEKING ANY DIAGNOSIS OR TREATMENT. YOU ARE ALSO SOLELY RESPONSIBLE FOR YOUR DECISION TO USE THE APPLICATIONS OF ANY PARTICULAR THIRD-PARTY PROVIDER. IF YOU HAVE SPECIFIC HEALTHCARE NEEDS, OR FOR COMPLETE HEALTH INFORMATION, PLEASE SEE A DOCTOR OR OTHER HEALTHCARE PROVIDER.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WHC,ITS LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, APPLICATION PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY WHC SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A WHC SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY WHC SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, APPLICATION PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. WE MAY TERMINATE YOUR FURTHER ACCESS TO WHC SITES OR CHANGE THE WHC SITES OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS AND CONDITIONS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, Application providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use or claims arising from your use of the WHC website and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
You affirm that you are at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, the Application is not intended for children under 14, even if emancipated or with legal or parental guardian consent. If you are under 14 years of age, you are not permitted to use the Application. You further represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a” terrorist-supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by WHC without restriction or notice.
If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these Terms of Use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms and conditions of use shall not constitute a waiver of such right or provision. In these Terms of Use, the word “including” is used illustratively, as if followed by the words "but not limited to." YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY WHC SITE OR APPLICATION MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. Supply of goods, Applications and software through the WHC website or the Application is subject to United States export control and economic sanctions requirements. By acquiring any such items through WHC’s website, if at all, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, Applications or software through the WHC website if: (1) you are in, under the control of, or a national or resident of any embargoed county, or if you are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List or Entity List or (2) you intend to supply the acquired goods, Applications or software to any embargoed county (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.
At any time, we may amend these Terms of Use of use (including by modification, deletion and/or addition of any portion thereof). If we make a material amendment to these terms and conditions of use, we will notify you of such amendment by sending you a message at your username account. Any such amendment to these terms and conditions of use will be effective thirty (30) calendar days following either our dispatch of a-notice to you or our posting of notice of the changes on the sites.
You agree that any action at law or in equity arising out of or relating to these Terms of Use or the WHC website shall be governed by the laws of the State of Illinois, without giving effect to any principles of conflicts of law. You also agree that any action arising hereunder shall be filed, and that venue properly lies, only in state or federal courts located in DuPage County, Illinois, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We make no representation that content on the Application, the RPM Site or any WHC site is appropriate or available for use in any particular location. Those who choose to access the Application, orany WHC website do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.
The Application permits or requires you to create an account to participate or to obtain certain Applications. You agree to promptly notify us at [email protected] of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Application. We may suspend or terminate your account and your ability to use the Application, or any portion thereof for failure to comply with these Terms of Use or any special terms related to a particular Application, or for any other reason whatsoever, at any time. If the user does not provide WHC with a valid email address, WHC may not be able to re-register the user using the same user ID on any device. As a result, we recommend that all users provide WHC with a valid email address, which will not be shared with any third parties for any purpose. If an account is inactive for more than 6 months, the account and any related data may be deleted. WHC retains the sole right to make any deleted username or ID to be made available for future use to other users or potential users. Initially, the Application will be completely free of charge. However, WHC expressly reserves the right to terminate this promotion. If and when WHC begins charging a fee for the use of WHC Applications, we will provide users with notice and amount of the fee, along with directions on how to renew your subscription and continue using the WHC Applications.
We understand you value your privacy. At WHC, we want to make your experience online satisfying and safe. For these reasons, we have created a privacy policy that governs information you provide to us or we learn from your use of the Application and our software programs, and tells you how we may collect, use and in some instances share this information. The policy sets forth, among other things, that we do everything we can to prohibit the collection, use, and dissemination of Personal Health Information under the Health Insurance Portability and Accountability Act (“HIPAA”) and Personal Information of children under the age of 13 as set forth in the Children’s Online Privacy Protection Act (“COPPA”). Any attempt by any entity or individual to transmit Personal Health Information under HIPAA or Personal Information of children under the age of 13 under COPPA is strictly prohibited. Further, any offending individual or party agrees to indemnify WHC for any damages arising out of that unlawful and prohibited transmission, including reasonable attorneys’ fees incurred by WHC in defending that transmission, if any. Finally, as set forth in our privacy policy, you have the option of providing us with your email address. If you do so, we will use that address for the sole purposes of providing you with automated support (as described in the policy).
Please review our privacy policy, located here. By using our website, you indicate your acceptance of our Privacy Policy.
Questions or comments about our Terms of Conditions and Use, Privacy Policy, or other aspects of the WHC website can be emailed to [email protected] or sent by US Mail to:
Wonder Health Care
50 South Main Street, Suite 200
Naperville, IL - 60540