Terms of Use

Revised January 2016

Acceptance of the Terms of Use

These Terms of Use are entered into by and between you and Unity Custom Care Inc. (“Unity,” “our,” “us,” or “we”). The following terms and conditions, together with our Privacy Policy (collectively, “Terms of Use”), govern your access to and use of www.unitycustomcare.com (“Website”), including any content, functionality, and services offered on or through the Website, mobile application (“Mobile App”), the Patient Portal, the Physician Portal, Care Advisor Portal, Surgical ProGrid™, and related services (collectively, “Unity’s Products and Services”) whether as a visitor, user, Care Advisor or Physician.

Please read the Terms of Use carefully before you start to use the Website. By clicking to agree to the Terms of Use, you accept and agree to be bound and abide by these Terms of Use (and our Privacy Policy, found at www.unitycustomcare.com/privacy-policy). If you do not want to agree to these Terms of Use, you must not use or otherwise access the Website.

Representations You Make

You represent and warrant that the information that you provide to us about you, or, if you are a Physician, about your Patient, will be current, true, accurate, supportable and complete. If you are a Physician, you represent and warrant that you have all necessary licenses, registrations, rights, consents and approvals to use or disclose Personal Information (any information that may be used to identify an individual, such as the Patient’s first and last name, age, gender, postal address, e-mail address, telephone number, other contact information, certain health information, or other personally identifiable information under an applicable law such as HIPAA or an equivalent State law governing the use or disclosure of health information) and Protected Health Information (Personal Information in conjunction with information related to physical or mental health, such as medical history, family history, medical diagnosis, health background, current health status, age, gender, sexual behavior and sexual orientation, demographic information (including race, ethnicity, marital status, salary, education, political, religious, and trade union information) and information related to the diagnosis and treatment of health conditions, over-the-counter and prescription medications, laboratory test results, payments for treatment and health insurance information or other personally identifiable information under an applicable law such as HIPAA or an equivalent State law governing the use or disclosure of Protected Health Information and as defined by HIPAA).

As part of Unity’s Products and Services in order to facilitate Patient care, Patients, Physicians, Care Advisors and Care Coordinators may have the ability to transmit Personal Information and/or Protected Health Information by and between one other. We do not claim ownership rights in the Personal Information and/or Protected Health Information; however, if you transmit Personal Information and/or Protected Health Information (or, if you are a Patient, allow a Care Advisor, Care Coordinator or Physician to do so on your behalf) through Unity’s Products and Services, you hereby grant us a non-exclusive, fully-paid, royalty-free, fully sub-licensable, transferable license to use, display, reproduce and distribute (in whole or in part) in order to provide Unity’s Products and Services, subject to these Terms of Use, our Privacy Policy, the Health Insurance Portability and Accountability Act (“HIPAA”), the Health Information Technology for Economic and Clinical Health Act (“HITECH”) (jointly, “HIPAA”), other applicable Federal, State and international laws (including regarding the exporting of data or software), and regulations promulgated under these laws (collectively, “Privacy Laws”).

Unity’s Products and Services are offered and available to users who are 18 years of age or older and reside in the United States. By using Unity’s Products and Services, you represent and warrant that you are of legal age to form a binding contract with Unity and meet all of the eligibility requirements.

Who We Are

Unity Custom Care provides surgical aftercare assistance pursuant to your, the Patient’s, Physician’s specific instructions. Unity does not engage in the practice of medicine.

We understand that Protected Health Information is personal and private, and we are dedicated to maintaining the accessibility, integrity, and security of Protected Health Information.

Who We Are Not

Nothing on our Website or in any of our other interactions with you, the Patient, or in your use of any of Unity’s Products and Services should be construed as creating or establishing a physician-patient relationship between Unity and Patient. IF YOU OR SOMEONE YOU KNOW IS EXPERIENCING A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY. Never disregard professional medical advice or delay in seeking it because of something you have read on our Website, or been told by a Care Advisor.

The content on our Website, such as text, graphics, images, articles, and other materials (“Content”) is for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Unity does not guarantee the accuracy, completeness, usefulness or adequacy of any resources, information, apparatus, product, or process available at or from our Website. Our Website is not designed for the delivery of time sensitive or life critical medical or health-related communications.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access and use of the Website thereafter.

Your continued use of the Website, and Unity’s Products and Services, following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time – we recommend you check our Terms of Use each time you access this Website – so you are aware of any changes as they are legally binding on you.

Accessing the Website and Account Security

Unity is dedicated to ensuring the accessibility, integrity and security of Protected Health Information. You are responsible for ensuring that all persons to whom you give access to e.g., the Patient Portal, Physician Portal, Care Advisor Portal, Surgical ProGrid™, or any of Unity’s Products and Services are aware of these Terms of Use, have the opportunity to review, accept and comply with the Terms of Use.

To access Unity’s Products and Services, including the Website, you may be asked to provide certain registration and/or authentication details or other security information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or any of Unity’s Products and Services is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose a user name, password, and/or any other piece of information as part of our security procedures, you are expected to treat such information as confidential. You also acknowledge that your account is personal to you and you are expected to treat your account as confidential. You agree to accept responsibility for all activities that occur under your user name and password. You agree to notify us immediately of any unauthorized access to, use or disclosure of your user name, password, or any other security violation or breach. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view, track or record your user name, password, or other Personal Information.

We have the right to disable any user name, password, or other identifier at any time in our sole discretion if, in our opinion, you have violated any provision of these Terms of Use (including our Privacy Policy).

Unity ensures the accessibility, integrity and security of Protected Health Information with built in access controls, monitoring, auditing and tracking features. Every login, action performed and Website usage is tracked and captured.

We reserve the right to withdraw or amend this Website, or any of Unity’s Products and Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.

Prohibited Uses or Disclosures

You may use the Website and Unity’s Products and Services only for lawful purposes in accordance with these Terms of Use, our Privacy Policy and Privacy Laws.

You agree not to use the Website and Unity’s Products and Services:

  • In any way that violates Privacy Laws.
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for Personal Information, Protected Health Information, or otherwise.
  • To send, receive, upload, download, use or re-use any material that does not comply with the Content Standards (below) identified in these Terms of Use.
  • To transmit any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate Unity, a Unity agent or employee, another user or any other person or entity.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Unity or users of the Website and Unity’s Products and Services or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper functioning of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

Reliance on Information Posted

The information presented on or through the Website and Unity’s Products and Services is made available solely for general information purposes. We do not undertake to review all material before it is posted on the Website. While we intend for all information on our Website to be useful, we do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its Content.

This Website may include Content provided by third parties, including materials provided by other users, bloggers, educators, physicians, etc. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, are solely the opinions and the responsibility of the author. We are not responsible or liable for the content or accuracy of any materials authored by any third parties.

Linking to the Website and Social Media Features

You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, or violate the Privacy Laws of any user, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contributions that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contributions violates the Terms of Use, including the Privacy Policy and/or Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety or users of the Website or the public, violates Privacy Laws, or could create liability for Unity.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights, and/or privacy rights as set forth in Privacy Laws.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or Unity’s Products and Services.
  • Terminate or suspend your access to all or part of the Website or Unity’s Products and Services for any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities, regulatory agencies, and/or administrative or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS UNITY AND ITS LICENSEES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY UNITY AND/OR ITS LICENSEES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS OR OTHER ACTIONS BY UNITY, LAW ENFORCEMENT, REGULATORY AGENCIES, AND/OR PRIVATE PARTIES.

Content Standards

These Content Standards apply to all User Contributions and use of Interactive Services. User Contributions must comply in their entirety with all Privacy Laws. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, in violation of Privacy Laws, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and Privacy Laws) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive any person.

Maintenance and Availability

Scheduled system maintenance shall take place from time to time, and during such time, updates to the Website, or portions thereof, may be unavailable. Emergency maintenance may be required at other times in the event of system failure. You specifically acknowledge that outage and downtime may occur. Use of our Website is void where prohibited.

Geographic Restrictions

Unity is based in California, in the United States. We provide this Website for use only by persons located within the United States. We make no claims that the Website or any of its content is accessible, appropriate, or lawful outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Intellectual Property Rights

Unity’s Products and Services, including our Website (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned or controlled by Unity, its licensors or other lawful providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Under no circumstances may the name Unity Custom Care be used in any advertising or publicity without the express prior written permission of Unity.

If you print, copy, modify, download, or otherwise use or provide any other person or entity with access to any part of the Website or Unity’s Products and Services in violation or breach of these Terms of Use, your right to use Unity’s Products and Services will cease immediately and you must, at our option, return or destroy (subject to written verification) any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Unity. Any use of the Website or Unity’s Products and Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

Unity’s name, logo, and all related names, logos, product and service names (e.g., for Unity’s Products and Services), designs and slogans are trademarks of Unity or its affiliates or licensors. You must not use such marks without the prior written permission of Unity. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Acknowledgement Regarding SMS Messages and Push Notifications

To the extent the Mobile App enables you to send or receive SMS messages, the standard text messaging rates or other carrier charges may apply to such use. Further, to the extent the Mobile App has push notification capability, by downloading the Mobile App and clicking to allow push notifications, YOU CONSENT TO RECEIVE COMMUNICATIONS, INCLUDING COMMERCIAL COMMUNICATIONS FROM OR ON BEHALF OF UNITY AND OUR PARTNERS.

Disclaimer of Warranties and Acknowledgements

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for an reconstruction of any lost data.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, MOBILE APP, PATIENT PORTAL, PHYSICIAN PORTAL, CARE ADVISOR PORTAL, AND SURGICAL PROGRID ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT THERETO, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION THEREOF ANY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE THAT WE GIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY.

Limitation of Liability

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OR THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

IN NO EVENT WILL UNITY, ITS AFFILIATES, OR THEIR LICENSORS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF INCOME, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OR EXCLUSION OF CERTAIN DAMAGES, SO THIS LIMITATION MAY NOT APPLY.

Indemnification

You agree to defend, indemnify and hold harmless Unity, its affiliates, licensors and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees arising out of or relating to your violation of these Terms of Use or your use of the Website including, but not limited to, your User Contributions, any use of the Website’s content, and Unity’s Products and Services, other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Arbitration

YOU EXPRESSLY AGREE THAT YOU WILL SUBMIT ANY DISPUTE(S) ARISING FROM THE USE OF THESE TERMS OF USE OR THE WEBSITE, INCLUDING DISPUTES ARISING FROM OR CONCERNING THEIR INTERPRETATION, VIOLATION, INVALIDITY, NON-PERFORMANCE, OR TERMINATION, TO BINDING ARBITRATION UNDER THE RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION APPLYING CALIFORNIA LAW IN THE COUNTY OF SAN DIEGO.

Amendments

Any amendments to and waivers under these Terms of Use shall only be valid if in writing and signed by an authorized officer of Unity, Patient or Patient’s authorized representative or Physician.

Waiver and Severability

No waiver by Unity of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Unity to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provision of the Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Unity with respect to the Website.

Your Comments and Concerns

This Website is operated by Unity Custom Care at www.unitycustomcare.com. All feedback, comments, concerns, requests for technical assistance and other communications relating to the Website should be directed to privacy@unitycustomcare.com.