ABOUT THIS APP
This App is provided by Froedtert Health, Inc. (“Froedtert”) to benefit our patients and their families, health care professionals, employers, and the general public. These Terms and Conditions (“Terms”) describe the rules you agree to when using the App.
Content Reviews and Updates Every effort is made to assure the accuracy and timeliness of the content provided, but please understand errors and omissions can occur.
Please contact us to report any feedback, issues or concerns with this App.
TERMS AND CONDITIONS
Last Updated: April 2, 2020
Here is a quick summary of these Terms and Conditions:
- Your Agreement - These Terms, and any special terms for particular apps or services, create a contract between you and Froedtert. The contract governs your use of the App, unless a particular website, app or service indicates otherwise. Please read the full Terms and only use the App and services if you agree to them.
- Use of Application - You must be 18 to use the services provided by the App and by using the App, you agree to these Terms. We can revise these Terms and you should check back regularly for updates. The App does not provide medical advice. Call 9-1-1 if you are having a medical emergency.
- License and Restrictions - You can use the App for personal use. Don’t steal content, break the law or use the App to cause harm to yourself or others.
- Third-Party Services - The App incorporates content from third parties or links to apps and websites operated by third parties. We are not responsible for these third parties and you should review the terms and conditions provided by all third parties.
- Disclaimer of Warranties - We do not make any guarantees about the sites, services or content available in the App.
- Limitation of Liability - We are not responsible for the content in the App, your use of the App, or for the conduct of others on the App.
- Indemnification - If you do something that causes harm to Froedtert or violate the Terms, you agree to repay Froedtert for the damage you caused.
- Infringement - If you think someone has violated your intellectual property rights or the rights of someone else, please let us know.
- Disputes - If there is a dispute arising from these terms or your use of the App, it must be in Wisconsin and governed by Wisconsin law.
- Term and Termination - We may terminate your right to use the App at any time.
This summary is not part of the contract between you and Froedtert, but is intended to help you understand the Terms. Before you tap the button to accept the Terms and Conditions, you should review the full Terms below.
PLEASE CAREFULLY READ THE FOLLOWING. WHEN YOU TAP THE BUTTON TO ACCEPT, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY FOLLOWING TERMS AND CONDITIONS (“TERMS”). IF YOU DO NOT AGREE TO THESE TERMS, YOU WILL NOT BE PERMITTED TO ACCESS AND USE THE APP.
Use of the Application
Through this application Froedtert may provide you with access to a variety of information, resources and interactive tools (collectively, the “App”). To use the App you must accept these Terms by tapping on the button. The services we may provide through the App are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the applicable services, and those additional terms become part of your agreement with us if you use those services.
You must be at least eighteen (18) years old to access and use the App. You represent that you are at least eighteen (18) years old.
Other than any direct virtual care from health care professionals available through the App, the App is intended solely for your information and convenience. The App is meant to offer you a general understanding of health care topics, conditions and Froedtert programs and services.
If you think you may have a medical emergency, call your doctor or dial 9-1-1 immediately.
Froedtert does not recommend the self-management of health or medical problems. Froedtert does not promote or recommend any particular form of medical or alternative treatment.
Use of the App is at your own risk. You will be solely responsible for your use of and reliance on the content in the App. You will be solely responsible for the decisions or actions resulting from your use of the App.
OTHER THAN ANY DIRECT VIRTUAL CARE FROM HEALTH CARE PROFESSIONALS AVAILABLE THROUGH THE APP, THE APP IS NOT INTENDED TO PROVIDE MEDICAL ADVICE, DIAGNOSES, OR SUGGESTIONS FOR TREATMENT. EVEN THOUGH THE APP MAY PERMIT YOU TO PROVIDE COMMENTS OR QUESTIONS, YOU SHOULD NOT ASK FOR ADVICE ABOUT SPECIFIC MEDICAL CONDITIONS OR EXPECT US TO RESPOND TO YOUR PARTICULAR MEDICAL CONCERNS. YOU SHOULD CONTACT YOUR PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL CONCERNING YOUR PARTICULAR MEDICAL CONDITION OR CONCERNS. DO NOT DISREGARD PROFESSIONAL MEDICAL ADVICE, OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU READ ON THE APP. AS ALWAYS, IT IS THE RESPONSIBILITY OF THE HEALTHCARE PROVIDER TREATING AN INDIVIDUAL TO DETERMINE THE APPROPRIATENESS OF ANY GIVEN COURSE OF TREATMENT IN LIGHT OF THAT INDIVIDUAL’S UNIQUE CLINICAL SITUATION AND THE PROVIDER’S OWN EXPERTISE. THE PROCEDURES AND TREATMENTS MENTIONED ON THE APP MAY OR MAY NOT BE CONSIDERED COVERED BENEFITS BY YOUR INSURANCE. YOU ARE ENCOURAGED TO CONSIDER A CONVERSATION WITH YOUR INSURANCE REPRESENTATIVE AS PART OF YOUR DECISION-MAKING PROCESS BEFORE HAVING ANY MEDICAL PROCEDURE.
PLEASE DO NOT ATTEMPT TO COMMUNICATE WITH US ABOUT YOUR SPECIFIC MEDICAL CONDITION, EVEN IN AN EMERGENCY, THROUGH THE APP. WE DO NOT MONITOR YOUR COMMUNICATIONS TO US THROUGH THE APP FOR THESE PURPOSES, AND WE MAY NOT RESPOND TO YOUR COMMUNICATION IN AN APPROPRIATE TIMEFRAME. CONTACT YOUR PHYSICIAN OR HEALTHCARE PROFESSIONAL FOR ADVICE CONCERNING YOUR MEDICAL NEEDS, OR CONTACT YOUR LOCAL EMERGENCY SERVICES IN CASE OF EMERGENCY.
All information on the App is protected by United States copyright laws. You may not copy information from the App for commercial use. However, you are welcome to copy any part of the App for your personal use.
Disclosure of Ownership and Business Relationships
Froedtert has business relationships with a number of other healthcare providers. In situations where we have a relationship with a particular provider listed in the App, it is our policy to inform the user of the existence of that relationship.
License and Restrictions
- use the App solely for your own personal, non-commercial use;
- not reproduce or copy the App;
- not modify the App, and you may not create derivative works from the App;
- not decompile, reverse engineer, reverse assemble or attempt to discover any source code or underlying ideas or algorithms of the App;
- not sell, assign, sublicense, rent, lease, loan, distribute or otherwise transfer the App;
- not remove or alter any trademark, logo, copyright or other proprietary notices in the App;
- not engage in any conduct that violates these Terms;
- not engage in any conduct that has a harmful impact on the App or on other users of the App; and
- not cause or permit another party to do any of the things listed above.
All such acts are prohibited whether done directly, indirectly, or with respect to all or just a part of the App.
The App is owned by Froedtert or its licensors. All intellectual property rights in the App is owned by Froedtert or its licensors. The App is licensed, and not sold, to you for use in accordance with these Terms. Froedtert, for itself and its licensors, reserves all rights not expressly granted to you.
The trademarks, logos and service marks (collectively, “Trademarks”) displayed as part of the App is registered and unregistered Trademarks of Froedtert and other third parties in the U.S. and/or other countries. No Trademark displayed as part of the App may be used without written permission of the owner of such Trademark.
Age of Users
Individuals under the age of eighteen (18) may not use the App, and parents or legal guardians may not agree to these Terms on behalf of an individual under the age of eighteen (18). Froedtert will permit the parents or legal guardians to use the App in order to arrange virtual care for individuals under the age of eighteen (18), provided that the parent or legal guardian is the sole user of the App and subject to these Terms.
Disclaimer of Warranties
THE APP IS PROVIDED TO YOU ON AN “AS IS” OR “AS AVAILABLE” BASIS. FROEDTERT AND ITS SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES.
THE SERVICES PROVIDED THROUGH THE APP:
- ARE NOT GUARANTEED TO BE ACCURATE AND COMPLETE;
- ARE NOT GUARANTEED TO BE UNINTERRUPTED OR ERROR-FREE;
- ARE NOT GUARANTEED TO BE NON-INFRINGING;
- ARE NOT GUARANTEED TO BE MERCHANTABLE;
- ARE NOT GUARANTEED TO BE FIT OR SUITABLE FOR A PARTICULAR PURPOSE. THIS IS SO EVEN IF FROEDTERT OR ITS SUPPLIER KNOWS OR HAS REASON TO KNOW OF ANY SUCH PURPOSE;
- DO NOT COME WITH ANY WARRANTY BY OPERATION OF LAW;
- DO NOT COME WITH ANY WARRANTY BY REASON OF CUSTOM OR USAGE IN TRADE;
- DO NOT COME WITH ANY WARRANTY BY COURSE OF DEALING;
- DO NOT COME WITH ANY EXPRESS WARRANTY; AND
- DO NOT COME WITH ANY IMPLIED WARRANTY.
YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY REPRESENTATION OR WARRANTY IN ACCESSING OR USING THE APP.
Limitation of Liability
WITH RESPECT TO YOUR ACCESS TO OR USE OF THE APP, IN NO EVENT WILL FROEDTERT OR ITS SUPPLIER BE LIABLE TO YOU OR ANY OTHER PARTY FOR DIRECT DAMAGES IN EXCESS OF THE PRICE YOU PAID, EVEN IF NONE, FOR THE APP. WITH RESPECT TO YOUR ACCESS TO OR USE OF THE APP, IN NO EVENT WILL FROEDTERT OR ITS SUPPLIER BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND.
WITHOUT LIMITATION, THE LIMITATIONS IN THE ABOVE PARAGRAPH APPLY:
- REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE;
- TO PHYSICAL LOSSES, MENTAL LOSSES OR ANY FINANCIAL LOSSES;
- TO BODILY INJURY, DEATH, DAMAGE TO REAL OR PERSONAL PROPERTY AND DESTRUCTION OF REAL OR PERSONAL PROPERTY;
- TO INTERRUPTION OF BUSINESS, LOSS OF PROFITS, LOSS OF USE, LOSS OF REVENUE AND LOSS OF GOODWILL;
- EVEN IF FROEDTERT OR ITS SUPPLIER HAS BEEN ADVISED OR IS OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES;
- REPRESENT FROEDTERT’S AND ITS SUPPLIERS’ TOTAL CUMULATIVE LIABILITY TO YOU. MULTIPLE CLAIMS OR CLAIMANTS WILL NOT EXPAND THE LIMITATIONS IN THE ABOVE PARAGRAPH; AND
- APPLY TO YOU AND TO ANY PERSON CLAIMING FOR, BY OR THROUGH YOU.
YOUR SOLE, EXCLUSIVE REMEDY FOR ANY ALLEGED WRONGDOING BY FROEDTERT OR ITS SUPPLIER IS TO CEASE USE OF THE APP.
You waive and release all other warranties, obligations and liabilities of Froedtert and its supplier in any way related to the App. You waive and release all other remedies, claims and rights that you may have relating in any way to the App, whether arising from contract, warranty, negligence, tort, strict liability or other fault.
CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
It is possible that you might do something that causes harm to Froedtert, its affiliates or their respective trustees, officers, directors, employees, agents, independent contractors, suppliers or other third parties such as licensors and partners (collectively, the “Harmed Parties”). Such harm might result from your violation of these Terms, your failure to perform your obligations under these Terms, your use of the App, use of the App by someone else on your device, your violation of the rights of any third party, or your other wrongful act or omission (collectively, “Your Acts”). Such harm might include a threatened or actual claim, demand or lawsuit and liabilities, damages, awards, settlement amounts, reasonable and necessary attorney fees, expert fees and other costs and expenses (collectively, “Harm”). You will indemnify, defend and hold harmless the Harmed Parties from and against any Harm in any way resulting from or arising out of Your Acts.
As provided in the Digital Millennium Copyright Act (DMCA), Froedtert has designated the following individual for notification of potential copyright infringement regarding the App:
Froedtert Health, Inc. 9200 West Wisconsin Avenue Milwaukee, WI 53226 Attn: General Counsel
If you believe any content available through the App infringes a copyright, please provide the following information to the person identified above (17 U.S.C. § 512):
- a physical or electronic signature of the copyright owner or authorized agent;
- identification of the copyrighted work(s) claimed to have been infringed;
- identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- information regarding how Froedtert may contact you (e.g., mailing address, telephone number, e-mail address);
- a statement that the copyright owner or its authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
These Terms constitute the entire agreement between the parties. Froedtert may change these Terms at any time by making the new Terms available through the App. We will alert you about any changes by updating the “Last updated” date of these Terms and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. Your continued use of the App represents your agreement to be bound by the new Terms. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the App after the date such revised Terms are posted.
Any proceeding arising out of or relating to these Terms, the App shall be brought in the courts of the State of Wisconsin, County of Milwaukee, or, if it has or can acquire jurisdiction, in the United States District Court for the Eastern District of Wisconsin. You consent to such exclusive jurisdiction and waive objections to venue or convenience of forum, and agree not to bring any proceeding arising out of or relating to these Terms, the App in any other court. These Terms shall be governed by the laws of the State of Wisconsin without regard to conflicts of law principles.
The parties hereby disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods. If any of these Terms is found invalid or unenforceable by a decision which legally binds Froedtert, all other Terms will remain in full force and effect, and the invalid provision will be partially enforced insofar as possible to give effect to its purpose.
Should you have any need to contact Froedtert about these Terms, you must send a letter to the address listed below. The letter must be sent using a reliable, traceable method, such as certified mail or reputable courier service.
Froedtert Health, Inc. 9200 West Wisconsin Avenue Milwaukee, WI 53226 Attn: General Counsel
Term and Termination
The effective date of these Terms is the date that you begin using the App.
Froedtert reserves the right to terminate your use of the App at any time in its sole discretion, with or without any reason. If you fail to comply with these Terms, your right use the App will immediately terminate without notice or further action by Froedtert.