Revised January 2016
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).
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.
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.
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.
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.
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.
You agree not to use the Website and Unity’s Products and Services:
Additionally, you agree not to:
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.
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.
We have the right to:
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.
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:
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.
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.
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.
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.
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.
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.
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.
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 firstname.lastname@example.org.