Terms of Service

Welcome to the Vitals Update app. This App is created by and owned by ITX Corp. (“ITX”). These Terms of Use (“Terms”) govern your use of this App (the “App”). By accessing or using the App, and in consideration for such use, you agree to abide by the Terms. These Terms expressly incorporate our Privacy Policy and any guidelines, policies, or additional terms or disclaimers that may be posted and/or updated on the App.

DO NOT USE THIS APP FOR EMERGENCY MEDICAL NEEDS. If you experience a medical emergency, call 911 immediately.

ACCOUNT ENROLLMENT

To access the Service, you must first enroll to establish an individual user account ("Account"), by providing certain information. With the exception of subaccounts established for minor children of whom you are a parent or legal guardian, you agree that you will not create more than one Account, or create an account for anyone other than yourself without first receiving permission from the other person. In exchange for your use of the Service and, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted; and (ii) each time you log on, maintain and promptly update your Account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such Account information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your Account and refuse any and all current or future use of the Service. You represent and warrant that you are at least 18 years of age and possess the legal right and ability, on behalf of yourself or a minor child of whom you are a parent or legal guardian, to agree to these Terms of Use.

ACCEPTABLE USE

You agree not to use the App in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes this Agreement. You shall not post, use, store or transmit (a) a message or information under a false name; (b) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; or (c) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. You shall not attempt to disrupt the operation of the App by any method. You shall not use the App in any manner that could damage, disable or impair the App. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means.

INTELLECTUAL PROPERTY

Any content available on the App is the property of ITX or its licensors and is protected by copyright, trademark, patent, trade secret and other intellectual property law

Subject to the terms of this Agreement, ITX hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the software to the extent, and only to the extent, necessary to access and use the Service.

The license granted herein does not permit you, and you agree not to: (a) modify, translate, reverse engineer, disassemble, decompile or create derivative works of the App or allow a third party, whether directly or indirectly (including, but not limited to the direct or indirect use of wizards, agents, bots, or other utilities), to modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Service; or (b) transfer, distribute, sell, lease, rent, disclose or provide access to the Service to any third party or use the App to provide service bureau, time sharing or other services to third parties.

DISCLAIMERS

ACCESS TO THE APP AND THE INFORMATION CONTAINED THEREIN IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ITX DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ITX DOES NOT WARRANT THAT ACCESS TO THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES ITX MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE APP OR ANY OF THE INFORMATION CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE APP AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK.

ITX CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR YOUR MISUSE THROUGH THE APP.

LIMITATIONS OF LIABILITY

IN THE EVENT OF ANY PROBLEM WITH THE APP OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE APP. UNDER NO CIRCUMSTANCES SHALL ITX, ANY ITX LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES THE APP OR PROVIDES YOU WITH A LINK TO THE APP BE LIABLE IN ANY WAY FOR YOUR USE OF THE APP OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT.

UNDER NO CIRCUMSTANCES SHALL ITX OR ANY THIRD PARTY WHO PROMOTES THE APP, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE APP, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INTERNATIONAL USE

The App is designed for and intended for users in the United States. ITX makes no representation that the information and services provided on the App are applicable to, appropriate for, or available to users in locations outside the United States. If you choose to access the App from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.

TERMINATION

ITX may suspend or terminate your access to the App at any time, for any reason or for no reason at all. ITX has the right (but not the obligation) to refuse to provide access to the App to any person, agency or organization at any time, for any reason or for no reason at all, in our sole discretion. ITX reserves the right to change, suspend, or discontinue all or part of the App, temporarily or permanently, without prior notice.

NOTICE OF PRIVACY PRACTICES

Pursuant to Health Insurance Portability and Accountability Act of 1996 (HIPAA), you acknowledge that you have received a Notice of Privacy Practices. You hereby consent to disclosure of your protected information, including information generated through use of the App, as described in the Notice of Privacy Practices. This will include all of your protected health information generated during your use of the App.

INFORMED CONSENT

By accepting these Terms of Use, you acknowledge that you understand and agree with the following:

  • You understand that the laws that protect privacy and the confidentiality of medical information also apply to the App.
  • You understand that the Services may involve electronic communication of your personal medical information to medical practitioners.
  • You understand that your healthcare information may be shared with other individuals for treatment, payment and healthcare operations purposes.

You further understand that your healthcare information may be shared in the following circumstances:

  • When a valid court order is issued for medical records.
  • Reporting suspected abuse, neglect, or domestic violence.
  • Preventing or reducing a serious threat to anyone's health or safety.

MODIFICATION OF THESE TERMS AND THE APP.

You are responsible for regularly reviewing these Terms. ITX has the right, but not the obligation, to correct any errors or omissions in any portion of the App and these Terms. ITX reserves the right, at its sole discretion, to change, modify, add, remove or terminate any portion of the App and these Terms, in whole or in part, at any time, without prior notice. All changes to these Terms are effective immediately upon being posted to the Site. YOUR CONTINUED USE OF THE APP OR SERVICE FOLLOWING ANY CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THESE CHANGES.

RESTRICTIONS ON APP USE.

You may not access or use, or attempt to access or use, the App to take any action that could harm us or any third party, interfere with the operation of the App, or use the App in a manner that violates any laws.

INFORMATION DISCLOSURE.

Disclosure under Law. ITX reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, including personally identifiable information, or to edit, refuse to allow or to remove any information or materials, in whole or in part, in ITX’s sole discretion. Any disclosure of medical information, such as Protected Health Information ("PHI") under the Health Insurance Portability and Accountability Act ("HIPAA") or state medical information privacy laws, is subject to the restrictions and requirements of such laws.

Providing Correct Personal Information. In the course of using the Site, you may be required to enter certain information, including without limitation personal information (collectively, "Information"). You represent and warrant that you will provide ITX with full, true and correct Information, and to update such Information on the App promptly as reasonably necessary and as required by the App.

YOUR ACCOUNT

Security of Account and Password. As a registered user of this App, you may receive or establish one or more passwords. You are solely responsible for maintaining the confidentiality and security of your password(s) and Account(s)and for restricting access to your computer. ITX is in no way liable for any claims or losses related to the use or misuse of your password or account due to the activities of any third party outside of our control or due to your failure to maintain their confidentiality and security. Any accounts you create are not transferrable. You accept full responsibility and liability for all activities that occur under your account or password. You agree to notify ITX immediately if you become aware of any unauthorized use of your Account(s). ITX reserves the right to refuse service, terminate accounts, or remove content in its sole discretion

Notification of Unauthorized Use/Ceasing Access. You shall notify ITX immediately of any unauthorized use or threat of unauthorized use of your account or the App or of any other breach or potential breach of security known to you with respect to your account or the App, including without limitation any loss or compromise of any password, and will cooperate with ITX in every reasonable way to help ITX prevent the further unauthorized use, threat of unauthorized use, disclosure or threat of disclosure regarding the App, your account and/or your password.

INDEMNIFICATION.

You will indemnify, defend (or settle) and hold harmless ITX from all claims, actions, proceedings, losses, settlements, judgments, liabilities, suits, damages, disputes or demands, including without limitation any proceeding, investigation or claim by a self-regulatory organization, state or federal securities agency or commission, and including reasonable attorneys’ fees and all other costs, fees, and expenses (collectively, "Claims") against ITX to the fullest extent permitted by law arising out of or in connection with (1) your conduct, provision of content or use of the App, or such actions by any third party through you, (2) your violation of the rights of another person or party, (3) any Materials provided or made available by you, and (4) any breach or violation by you of your obligations under these Terms, including without limitation any breach of your representations and warranties herein. You will not settle any indemnified claim without the prior written consent of ITX, such consent not to be unreasonably withheld. In connection with any Claims that may give rise to your indemnification obligations as set forth above, ITX shall have the exclusive right, at their option, to defend, compromise and/or settle the suit, action or proceeding, and you shall be bound by the determination of any suit, action or proceeding so defended or any compromise or settlement so effected. The remedies provided in this Section are not exclusive of and do not limit any other remedies that may be available to ITX pursuant to this Section.

COPYRIGHT AND OTHER INTELLECTUAL PROPERTY.

App Ownership. The App and all content, organization, graphics, design, compilation, translation, and other matters related to the App (collectively, "Content") are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights pursuant to international conventions and U.S. and other laws. The App and all Content is the property of ITX and/or third-party licensors, and all right, title and interest in and to the App and Content will remain with ITX or such third-party licensors. Other product and ITX names mentioned herein may be the trademarks of their respective owners. You do not acquire ownership rights to the App or any Content. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content. You will not modify, adapt, translate, reverse engineer, decompile, or disassemble the App or any App content. You may only use the App as expressly permitted herein, and any other use is prohibited. Any copying, republication, or redistribution of the App or App content, including by caching, framing, or similar means, is expressly prohibited without the prior written consent of ITX and/or the respective intellectual property rights holder identified in the subject content, which consent to be granted or withheld at the sole discretion of the rights holder.

MISCELLANEOUS

Choice of Law; Jurisdiction and Venue; Waiver of Jury Trial. To the maximum extent permitted by law, these Terms are governed by the laws of the United States of America and the State of New York, excluding any law or conflicts of law principle that would apply the law of another jurisdiction. To the extent a Dispute is not governed by the Arbitration Clause, you hereby consent to the exclusive jurisdiction and venue of courts in Monroe County, New York in all disputes arising out of or relating to the use of the App or under these Terms

Survival. The provisions of the following sections shall specifically survive any termination or expiration of these Terms of Use: Sections: Disclosure Under Law, Materials, User Representations and Warranties, Disclaimers, Indemnification, Informed Consent, Consent to the Use Of Telemedicine, Confidentiality, Copyright and Other Intellectual Property, Dispute Resolution (Arbitration Clause), Choice of Law; Jurisdiction and Venue; Waiver of Jury Trial, and Miscellaneous.

No Waiver. The failure of ITX to enforce any provision of these Terms will not be construed as a waiver or limitation of ITX's right to subsequently enforce and compel strict compliance with that provision or any other provision of these Terms.

Assignment. No assignment, delegation or other conveyance of these Terms may be made by you (by operation of law or otherwise) without the prior written consent of ITX, to be given in its sole discretion. ITX may assign its rights and obligations hereunder to any other party.

Agreement Binding. In the event that any provision of these Terms is deemed to be unenforceable, said provision will be interpreted to reflect the original intent of the parties in accordance with applicable law, and the remainder of these Terms will continue in full force and effect.

Entire Agreement; Language of Agreement. These Terms and Privacy Policy contain the entire agreement between you and ITX with respect to the App. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ITX with respect to the App. Any rights not expressly granted herein are reserved.