Last updated on June 30, 2015

THE TERMS AND CONDITIONS SET FORTH BELOW (the Terms) GOVERN YOUR USE OF THE SITE (AS DEFINED BELOW) AND THE ELATION PASSPORT SERVICE (AS MORE FULLY DESCRIBED BELOW) AND RELATED SERVICES MADE AVAILABLE TO YOU ON OR THROUGH THE SITE (collectively, the “Service”). THESE TERMS INCLUDE ANY OTHER ELATION TERMS, CONDITIONS AND POLICIES WHICH ARE REFERENCED IN THESE TERMS AND ACCESSIBLE VIA HYPERTEXT LINK FROM THESE TERMS, OR OTHERWISE AVAILABLE ON THE SITE. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND ELATION EMR, INC. (Elation”, “we” or “us) AND GOVERN YOUR ACCESS TO, AND USE OF, THE WEB SITE LOCATED AT WWW.ELATIONPASSPORT.COM, AS WELL AS ALL ASSOCIATED ELATION WEB SITES, SUBDOMAINS, MOBILE APPLICATIONS, PRODUCTS AND SERVICES LINKED TO WWW.ELATIONPASSPORT.COM BY ELATION, ITS PARENTS, AFFILIATES AND SUBSIDIARIES (COLLECTIVELY, THE Site). ALL REFERENCES TO “SITE” INCLUDE ANY ELATION SOFTWARE THAT ELATION PROVIDES TO YOU, INCLUDING WITHOUT LIMITATION, IN A MOBILE APPLICATION. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITE, ANY SERVICES MADE AVAILABLE THROUGH THE SITE OR ANY INFORMATION CONTAINED ON THE SITE. BY CLICKING TO ACCEPT THESE TERMS OR BY USING THE SITE AND/OR SERVICE YOU SHALL BE DEEMED TO HAVE AGREED TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.

ELATION MAY MAKE CHANGES TO THE CONTENT AND SERVICES OFFERED ON THE SITE AT ANY TIME. ELATION CAN CHANGE, MODIFY OR ADD OR REMOVE PROVISIONS OF THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THE SITE AND/OR BY PROVIDING YOU WITH NOTICE OF SUCH CHANGES BY EMAIL USING THE EMAIL ADDRESS ASSOCIATED WITH YOUR ELATION PASSPORT ACCOUNT. IF ANY CHANGE, MODIFICATION, ADDITIONAL PROVISION OR REMOVAL OF A PROVISION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THE SITE AND THE SERVICE. IF INSTEAD, YOU CONTINUE TO USE THE SITE AND/OR THE SERVICE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGE.

Elation is not a healthcare provider; you should contact your Physician or another qualified medical professional for all your healthcare needs. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE DIAL 911 OR CALL YOUR PHYSICIAN OR ANOTHER QUALIFIED MEDICAL PROFESSIONAL.

Beta Release

If you register for a “beta” Elation Passport Account or other pre-release version of the Site and/or Service (Beta Release), you acknowledge and agree that the Beta Release may contain, in Elation’s sole discretion, more or fewer features or different licensing terms than a subsequent commercial release version of the Site and/or Service that may be offered. You further acknowledge and agree that any “beta” Elation Passport Account may automatically convert to a commercial release version Elation Passport Account upon the launch date of the Site and/or Service to the public (Public Launch Date). If you do not wish to continue using the Site or Service after the Public Launch Date, you may terminate your Elation Passport Account in accordance with the terms set forth below in the section titled “Termination”. While Elation generally intends to distribute commercial release versions of the Site and Service, Elation reserves the right not to release later commercial release versions of any Beta Release. BY CLICKING TO ACCEPT THESE TERMS OR BY OTHERWISE USING THE SITE AND SERVICE, YOU ACKNOWLEDGE AND AGREE THAT USE OF A BETA RELEASE MAY EXHIBIT SPORADIC DISRUPTIONS THAT HAVE THE POTENTIAL TO DISRUPT YOUR USE OF THE SITE IN GENERAL AND ANY OR ALL FEATURES OF THE SERVICE. ELATION SPECIFICALLY DISCLAIMS ALL DAMAGES RESULTING FROM YOUR USE OF ANY BETA RELEASE.

Eligibility

These Terms form a legally binding contract between you and Elation. By using the Site and Service, you represent, acknowledge and agree that either: (a) you are at least 18 years of age; or (b) if you are not at least 18 years of age, you are at least 13 years of age; the Site and Service are not intended for people under the age of 13. Elation may terminate these Terms and your use of the Site and Service without notice if Elation, in its sole discretion, believes that you are under the age of 13. If you are 13 through 17 years of age, you may not access or use the Site or Service without the consent of your parent or legal guardian and his or her agreement to these Terms on your behalf and his or her agreeing to take full responsibility for your compliance with them. You agree that you and/or your parent or guardian are fully able and competent to enter into the terms, conditions, obligations, representations, and responsibilities set forth in these Terms, and agree to comply with these Terms. However, your parent or legal guardian hereby agrees that to the extent any applicable laws provide minors in the place where you live, with the right to prevent their parents or legal guardians from accessing their personal health or other personal information, that they will not attempt to access such information through the Service or otherwise, without in each case, the minor’s freely given consent (except as otherwise permitted under applicable law).

In addition, you are only eligible to use the Service if: (a) your primary care physician or other healthcare professional (collectively, Physician) has invited you to use the Service via an Elation-issued email invitation; and (b) you have used the invitation code in such invitation to register with Elation to open an Elation Passport Account as specified below in these Terms.

Service Features

The Service through its features permits you to perform certain functions as further specified below. The Service’s features may change from time-to-time. You will be notified of such changes as specified in these Terms.

  1. Messaging. You may exchange messages with your Physician (and personnel in your Physician’s office) concerning your medical treatment, including questions that you have regarding your medical treatment, scheduling appointments, and communications regarding your medical prescriptions.
  2. Medical Record Access. You may access, download and share an electronic copy of your medical record through the Service. The content of your medical record is maintained solely by your Physician and your Physician (and not you or us) determines the content of your medical record. We are not responsible for the content of your medical record, including without limitation, any errors, omissions or inaccuracies in your medical record. If you have any questions about your Physician’s privacy practices or any other questions relating to your medical record, please contact your Physician.
  3. Clinical Profile Faxing. You may request to have a summary of the clinical profile derived from your medical record faxed or emailed to a third party designated by you through the Service. If you use this feature, you may also have the option to choose to have your Physician notified when your clinical profile summary is sent to third parties. The content of your clinical profile summary is determined solely by your Physician (and not you or us). We are not responsible for the content of your clinical profile summary, including without limitation, any errors, omissions or inaccuracies. If you have questions relating to your clinical profile summary, please contact your Physician. You are always able to view your current clinical profile summary through your Elation Passport Account. You will not be able to edit your clinical profile summary through the Service. All references in these Terms to your “medical record” include your clinical profile summary, as applicable.

Your Communications

You are solely responsible and liable for your communications with your Physician and other users in connection with your use of the Service. Please be polite and respectful when communicating through the Service. You acknowledge and agree that Elation does not control the content of user communications, and does not guarantee the accuracy, integrity, quality, reliability or suitability of such communications. Elation does not pre-screen user communications. By using any communications feature, you understand that you may be exposed to content that is offensive, indecent or objectionable, and your use of such features is solely at your own risk and Elation has no responsibility or liability to you in connection therewith. Elation is not responsible or liable for any aspect of the relationship between you and your Physician or any other person or entity, including without limitation, medical advice provided to you by any Physician. Any disputes between you and your Physician or any other person or entity, whether arising from your use of the Service or otherwise, are solely a matter between both of you; Elation cannot become involved in such disputes.

Sharing Personal Information

Please use your common sense and good judgment before you share your medical record or other personal information or other confidential information with any other person through the Service. Elation does not control whom you choose to share your personal information with and we have no liability or responsibility to you to the extent you choose to make your personally identifiable information or other confidential information available through the Service. If you choose to make your medical record available to third parties through the Service, we may require such third parties to open an account with Elation before they can view your medical record or otherwise interact with you through the Service.

Materials

The information, documents, content, data, products, services, logos, graphics, images, software, technology, and know-how made available to you on the Site and through the Service, except to the extent you own any health or other personal information contained in your medical record in accordance with applicable law, (together, the Materials) are the copyrighted and/or trademarked work of Elation and/or its suppliers, or are otherwise subject to Elation’s and/or its suppliers’ other intellectual property or other proprietary rights, including without limitation, patent and trade secret rights.

Elation grants you a limited, personal, revocable, non-sublicensable, non-transferable and non-exclusive license to access and use the Materials on your personal computer or mobile device solely as necessary to use the Site and Service for your personal use in accordance with these Terms. Except for the license set forth in the immediately preceding sentence, you acknowledge and agree that you have no right to download, cache, modify, edit, copy, display, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner. Your use of Materials consisting of Elation Software (as defined below) are subject to the additional terms set forth below.

The limited license specified above terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of such limited license, you agree to immediately destroy any downloaded or printed Materials.

“Elation Health” and “Elation Passport” are trademarks of Elation in the United States of America. Other trademarks, names and logos on the Site or Service are the property of their respective owners. Unless otherwise specified in these Terms, all information and screens appearing on the Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, and all associated copyright and other proprietary rights are the sole property of Elation. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or under a duly authorized license. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Site, Service or any Materials. All rights not expressly granted herein are reserved; there are no implied rights.

Elation Software

The Service may require or allow you to download software, software updates or patches, or other utilities and tools onto your computer or mobile device (collectively Elation Software). Subject to your compliance with these Terms, Elation grants you a limited, personal, revocable, non-transferable, non-sublicensable, non-exclusive license to use the Elation Software, in object code form only, solely for the purpose stated by Elation at the time the Elation Software is made available to you and in accordance with these Terms. Your use of the Elation Software may also be subject to the terms of an end user license agreement. You may not sublicense, or charge others to use or access the Elation Software. You may not translate, reverse engineer, reverse compile or decompile, disassemble, or otherwise attempt to discover the source code of the Elation Software, or make derivative works from or of the Elation Software. You may not modify the Elation Software or use it in any way not expressly authorized in writing by Elation. You understand that Elation’s introduction of various technologies may not be consistent across all platforms and that the performance of the Elation Software and Service may vary depending on your computer or mobile device. From time-to-time, Elation may provide you with updates or modifications to the Elation Software. You understand that certain updates and modifications may be required in order to continue using the Elation Software and the Service. YOUR FAILURE TO INSTALL UPDATES MAY CAUSE THE ELATION SOFTWARE AND/OR THE SERVICE TO SUFFER DEGRADED FUNCTIONALITY, FAIL TO PERFORM AS INTENDED OR CEASE WORKING ALTOGETHER. ELATION WILL NOT BE RESPONSIBLE FOR ANY SUCH RESULTING OR CONSEQUENTIAL EFFECTS, LOSSES OR DAMAGES AND SUCH EFFECTS WILL NOT CONSTITUTE BREACH OF THESE TERMS OR GRANT YOU ANY RIGHTS OR REMEDIES AGAINST ELATION. There is no set schedule for the provision of updates. Elation and its suppliers expressly reserve ownership of all intellectual property rights applicable to the Elation Software. All rights not expressly granted herein are reserved; there are no implied rights. The license granted to you in this paragraph shall immediately terminate (without any notice to you) if you breach any of the terms set forth in this paragraph or upon termination of your use of the Service for any reason.

Elation Software Obtained From iTunes

Without limiting the terms of the previous section, the following applies to any Elation Software that you obtain from the iTunes Store (iTunes-Sourced Software): You acknowledge and agree that these Terms are solely between you and Elation, and not Apple Inc. or its subsidiaries (collectively,Apple), and that Apple has no responsibility for the iTunes-Sourced Software, or the Site, Service or Materials. Your use of the iTunes-Sourced Software must comply with the Usage Rules and other terms and conditions of the App Store Terms of Service and any other applicable terms provided by Apple and may only be used on an iOS product that you use or control and as otherwise permitted in the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software or the Service. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty and if you have paid a fee for the iTunes-Sourced Software, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the iTunes-Sourced Software to conform to any warranty will be solely governed by these Terms and any law applicable to Elation as provider of the iTunes-Sourced Software. You acknowledge that Apple is not responsible for addressing any claims of yours or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (a) product liability claims; (b) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; all such claims are governed solely by these Terms and any laws applicable to Elation as provider of the iTunes-Sourced Software. You acknowledge that in the event of any third party claim that the iTunes-Sourced Software, or your possession and use of the iTunes-Sourced Software, infringes that third party’s intellectual property rights, Elation, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent (if any) required by these Terms. You and Elation acknowledge and agree that Apple, (including Apple’s subsidiaries), are third party beneficiaries of these Terms as relates to the iTunes-Sourced Software, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relating to the iTunes-Sourced Software against you as a third party beneficiary thereof. You acknowledge that these Terms are between Elation and you, and are not between Apple and you, and that Elation, and not Apple, is solely responsible for the Site, Service, Materials, and Elation Software, including the iTunes-Sourced Software. You represent and warrant that: (i) 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 (ii) you are not listed on any U.S. government list of prohibited or restricted parties. You must comply with any applicable third party terms of agreement when using the iTunes-Sourced Software and the Service.

Using the Service

In order to use the Service, you must register with Elation to open an Elation Passport account (an Elation Passport Account). In order to register, you must use the URL and invitation code contained in the Elation-issued invitation email or text message that you received from your Physician.

In order to enable Elation to populate your Elation Passport Account, your Physician will provide the following information to Elation from your Physician’s records: your full name, cell phone number and email address. We will ask you to create a password as part of the registration process. You may also have the ability to provide additional optional information during or after the registration process, which is not required to register for an Elation Passport Account but may be helpful to Elation in providing you with a more customized experience when using the Site and Service. Once you have submitted your Elation Passport Account registration information, an Elation administrator will have the right to approve or reject the requested registration, in the Elation administrator’s sole discretion. You are responsible for providing and maintaining truthful, accurate, complete and current information (including identity and if applicable, payment information) in connection with your Elation Passport Account.

You are responsible for maintaining the confidentiality of your Elation Passport Account password, and you are solely responsible for all activities that occur using your password. You agree not to share your password, let anyone else access your Elation Passport Account or do anything else that might jeopardize the security of your Elation Passport Account. You agree to promptly notify Elation if your password is lost, stolen or disclosed to an unauthorized third party; if there is any unauthorized use of your password; or if you know of (or suspect) any other breach of security in relation to the Site or Service.

By using the Service, you represent and warrant that all the information that you provide when registering for an Elation Passport Account is accurate and complete and that you will keep such information up to date. You may change or correct your account registration information by either logging into your Elation Passport Account directly or by contacting us at support@elationpassport.com.

Electronic Communications

By using the Site and Service, you consent to receive electronic communications from Elation. These electronic communications may include notices about any applicable information concerning or related to the Site and Service. These electronic communications are part of your relationship with Elation. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Unauthorized Activities

When using the Site and Service, you agree not to: (a) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (b) use racially, ethnically, or otherwise offensive language; (c) discuss or incite illegal activity; (d) use abusive, threatening, violent, explicit or obscene language or solicit/post sexually explicit images (actual or simulated); (e) post or transmit any content or communications that exploit children or minors or that depicts cruelty to animals; (f) post or transmit any copyrighted or trademarked materials, or materials that constitute trade secrets, or are subject to patents or other intellectual property rights, without the express permission from the owner; (g) disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation; (h) use any robot, spider, scraper or other automated means to access the Site or Service; or (i) take any action that imposes an unreasonable or disproportionately large load on our infrastructure or the infrastructure of our third party service providers. This list of prohibitions provides examples and is not complete or exclusive.

Elation reserves the right to immediately terminate your use of the Site and Service with or without notice for any action of yours that we determine in our sole discretion, is inappropriate or disruptive to the Site or Service or to any other user of the Site or Service. You acknowledge that unauthorized use of any Materials contained on, or accessible from, the Site or Service may violate certain laws, rules and regulations.

Elation may report to law enforcement authorities, and its suppliers, any actions that may be illegal or otherwise in breach of these Terms, and any reports it receives of such conduct. When legally required or at Elation’s discretion, Elation will cooperate with law enforcement agencies and its suppliers in any investigation of alleged illegal activity involving the Site or Service.

You hereby agree to indemnify, defend and hold harmless Elation and its parents, affiliates and subsidiaries and their respective officers, directors, employees, agents, licensors, suppliers and business partners from and against any and all costs, damages, liabilities, suits, claims, and expenses (including, without limitation, attorneys’ fees and costs of defense) that Elation or any other indemnified party suffers in relation to, arising from, or otherwise connected with your use of the Site and/or Service, or the use of the Site and/or Service by any person using your Elation Passport Account, including without limitation, arising from any violation of any applicable law, rule or regulation, or the infringement, misappropriation or violation of the copyrights, trademark rights, patent rights, trade secret rights, publicity rights, privacy rights, or other rights of any third party.

Links to Third Party Sites

This Site may be linked to other web sites (including, without limitation, your Physician’s web site) that are not Elation sites (collectively, Third Party Sites). You acknowledge and agree that the Third Party Sites may have different privacy policies, terms and conditions and/or business practices than Elation, and you further acknowledge and agree that your use of such Third Party Sites is governed by the respective Third Party Site privacy policy, terms and conditions and/or user guides which you hereby agree to comply with. We encourage you to review such third party policies and terms so that you understand your rights and obligations, and in the case of third party privacy policies, how such third parties collect, use and share your personal information.

Elation provides links to Third Party Sites to you as a convenience, and Elation does not verify, make any representations or take responsibility for such Third Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third Party Sites. We are not liable for any harm you suffer as a result of visiting or otherwise interacting with Third Party Sites; we do not endorse such Third Party Sites. You access Third Party Sites and use their content, products and services entirely at your own risk. You should use your common sense and judgment, exercise reasonable caution and carry out your own due diligence before visiting Third Party Sites or using any products, services or content on such sites.

YOU AGREE THAT ELATION AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY PRODUCTS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD PARTY SITES AND/OR ARISING FROM YOUR DEALINGS OR COMMUNICATIONS WITH ANY THIRD PARTIES, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF, OR RELIANCE ON, THE PRODUCTS, SERVICES, CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.

Security

Elation will use commercially reasonable efforts to establish and maintain administrative, technical and physical safeguards in connection with the data center facilities, servers, networking equipment, and software systems that are within Elation’s reasonable control, and that are used to provide the Site and/or Service, that are designed to: (a) protect the security and integrity of the Elation network; (b) guard against anticipated threats or hazards to the security and integrity of the Elation network; and (c) protect against the accidental or unauthorized access, use, alteration or disclosure of any of your information that may be provided to Elation in connection with your use of the Site and/or Service. The safeguards will be consistent with the generally accepted security standards within the electronic medical records industry. However, Elation is not responsible for: (i) any unauthorized access to; (ii) alteration, deletion, destruction, damage, or loss of; or (iii) failure to store, any of your information, unless otherwise required by applicable law. You are solely responsible for taking your own steps to back-up your information, and for routinely archiving your information.

 

Disclaimer of Warranties

Your use of the Site, Service, Materials, your medical record and any other information you obtain through the Site or Service is entirely at your own risk. The Materials and your medical record have not been verified or authenticated in whole or in part by Elation, and they may include inaccuracies or typographical or other errors. Elation does not warrant the accuracy, appropriateness or timeliness of the Service, Materials, your medical record, or other information contained on, or accessible from, the Site or through the Service. Elation has no liability for any errors or omissions in the Site, Service, Materials, your medical record or other information, whether provided by Elation, a Physician or our suppliers.

ELATION, ON BEHALF OF ITSELF AND ITS SUPPLIERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, HEREBY DISCLAIMS AND MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITE, SERVICE, MATERIALS, YOUR MEDICAL RECORD OR OTHER INFORMATION, RELATING TO QUALITY, SUITABILITY, TRUTH, ACCURACY, COMPLETENESS OR OTHERWISE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, SERVICE, MATERIALS, YOUR MEDICAL RECORD AND ANY OTHER INFORMATION CONTAINED OR PRESENTED ON THE SITE OR THROUGH THE SERVICE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR SECURITY. ELATION DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER OR MOBILE DEVICE OR THAT MAY DAMAGE YOUR COMPUTER, MOBILE DEVICE OR DATA.

YOU ACKNOWLEDGE THAT THE SERVICE ALLOWS YOU TO COMMUNICATE WITH CERTAIN THIRD PARTIES. ELATION HAS NO LIABILITY TO THE EXTENT IT IS UNABLE TO PROVIDE ANY COMMUNICATION FEATURE OF THE SERVICE, OR FOR ANY HARM LOSS OR DAMAGES SUFFERED BY YOU AS A RESULT OF ANY THIRD PARTY’S ACTS OR OMISSIONS ARISING FROM YOUR USE OF THE SERVICE. ELATION SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, DATA LOSS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET.

NOTHING IN THIS SECTION SHALL EXCLUDE OR LIMIT ELATION’S WARRANTIES, REPRESENTATIONS OR CONDITIONS TO THE EXTENT THEY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH WARRANTIES, REPRESENTATIONS OR CONDITIONS WILL BE EXCLUDED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of Liability

ELATION AND ITS SUPPLIERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, LOSSES OR CLAIMS RESULTING FROM YOUR USE OF THE SITE, SERVICE, MATERIALS, YOUR MEDICAL RECORD OR OTHER INFORMATION MADE AVAILABLE THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION, YOUR RELIANCE ON THE SITE, SERVICES, MATERIALS, YOUR MEDICAL RECORD OR OTHER INFORMATION.

IN NO EVENT SHALL ELATION OR ITS SUPPLIERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWSOEVER ARISING, EVEN IF IT KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

NOTHING IN THIS LIMITATION OF LIABILITY SECTION SHALL EXCLUDE OR LIMIT ELATION’S OR ITS SUPPLIERS’ LIABILITY FOR LOSSES OR DAMAGES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, ELATION’S AND ITS SUPPLIERS’ LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

The parties agree that the limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.

Location

Elation controls and operates the Site and provides the Service from its headquarters in the United States of America. The Site and Service are only intended for use by persons who are ordinarily resident in the United States of America.

License

By using the Service you hereby grant us a royalty-free, fully paid-up, worldwide, transferable, sublicensable license to use, copy, modify, distribute, and display the information contained in your medical record (to the extent you have rights in such content under applicable laws) and any other information you provide to the Service, solely for purposes of Elation enabling communications between you and your Physician and as otherwise necessary to provide the Service. We will never identify you nor disclose your medical record or other personal information.

Privacy

Your use of the Site and Service is governed by the Elation Privacy Policy, which is available on our Site (the Privacy Policy). Information that you provide to your Physician through the Service (and information that you have previously provided to your Physician as contained in your medical record) is also governed by the terms of your Physician’s privacy policy; we have no control over your Physician’s privacy practices. We encourage you to review your Physician’s privacy policy so that you understand how your Physician collects, uses and shares your personal information.

Use of Aggregate Information

We may use usage patterns, trends and other statistical data derived from your use of the Site and/or Service for purposes of providing, operating, maintaining, or improving the Site and/or Service and for our advertising and marketing purposes. However, all such information will be aggregated and/or anonymized and we will never identify you nor disclose your medical record or other personal information.

Feedback

If you provide any comments, questions, recommendations, suggestions, or related information to Elation by any means, concerning the Site, Service or Materials (collectively, Feedback), you hereby grant Elation a perpetual, irrevocable, royalty-free, fully paid-up, worldwide, transferable, sublicensable license to use, copy, modify, create derivative works of, publicly display, publicly perform, and distribute, without any attribution or compensation to you, any and all Feedback in connection with the Site and/or Service and/or any of Elation’s other products or services; however, you have no right to compel any such use.

General

If you violate these Terms, Elation may terminate and/or suspend your access to this Site and Service without notice. These Terms will be governed by the laws of the State of California without regard to its conflicts of law provisions. Any law based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to these Terms. Any dispute relating to these Terms will be heard exclusively in the state and federal courts located in San Francisco, California; except that Elation may seek to enforce a judgment, protect its intellectual property rights, or seek equitable relief (including without limitation, injunctive relief (without being required to post a bond)) in any court of competent jurisdiction. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Elation’s failure to enforce any of these Terms is not a waiver of such term. These Terms, (together with any other terms and conditions which govern your use of the Site, Service or App, in each case as provided to you by Elation), are the entire agreement between you and Elation and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Elation about the Site and Service.

Termination

You may stop using the Site and Service at any time, by ceasing to access the Site or otherwise ceasing to use the Service. You may also terminate your Elation Passport Account by contacting us at support@elationpassport.com.

In addition to the termination rights set forth above in these Terms, Elation may at any time, for any or no reason, in its sole discretion and with or without prior notice to you: (a) suspend or terminate your use of the Site, Service or any portion or feature thereof; and/or (b) cease to provide the Site, Service or any portion or feature thereof, in its or their entirety.

All terms and conditions of these Terms which by their nature are intended to survive, will survive the termination of your use of the Site and Service, including without limitation, all terms which address the protection of Elation’s and its suppliers’ intellectual property rights; disclaimer of warranties; limitations of liability; your representations; and your payment and indemnification obligations.

Contact Us

If you have any questions about these Terms or would otherwise like to contact Elation for any reason, you can reach us by contacting us at support@elationpassport.com or writing to us at Elation Health, Inc., 550 15th Street, Suite 21, San Francisco, CA 94103.