Thank you for using the MonitAir^® cloud hosted software as a service platform and related software, documentation and applications (collectively the “Platform” or the “Service”) for remote monitoring of patient treatment and care.  Please read these Terms of Use carefully before accessing or using our website (our “Website” or “Site”).

 

These Terms of Use (these “Terms”) describe your rights and responsibilities as a customer of the Platform.  These Terms are between you and MonitAir, LLC here (“MonitAir”, “we” or “us”).  “You” means the entity you represent in accepting these Terms or, if that does not apply, you individually.  If you are accepting on behalf of your employer or another entity, you represent and warrant that: (i) you have full legal authority to bind your employer or such entity to these Terms; (ii) you have read and understand these Terms; and (iii) you agree to these Terms on behalf of the party that you represent.

 

1.                   Acceptance of the Terms

By accessing or using our Website and/or acquiring rights to use the Platform, you acknowledge that you have read and understood these Terms and agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

 

If you do not agree to these Terms, please do not enter, connect to, access or use the Site or our Services.  Should any item in these Terms conflict with any other terms, conditions or agreements addressing your use of the Service, the provisions of such other agreements shall prevail.

 

Any new features or tools which we may add to the Site or the Service shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Service or the Site following the posting of any changes constitutes acceptance of those changes.

2.                   The Service and Third Party Products.

Our customers are individual providers of health care services, their practice entities or other health care facilities who perform remote patient monitoring.  Our Service operates electronically to collect, collate, display and organize certain care treatment plans, patient data, patient communications and reporting of remote patient monitoring services performed by our customers. When collecting patient data, the Service connects directly or indirectly with medical devices or monitoring equipment which we do not manufacture, sell, distribute, service or otherwise own (collectively, the “Third Party Products”). The Service operates in part to retrieve patient data collected and transmitted by Third Party Devices.  Our Platform will use such data to generate and facilitate reporting, work flows and billing and care records for our customers. We take no responsibility for the operation or use of Third Party Products or for the data generated or transmitted by such Third Party Products. 

 

Our Service is not sponsored or endorsed in any manner by any medical or healthcare clinician, institution or any pharmaceutical or medical device corporation, and we do not provide any particular endorsement for such.  We make no guarantees, promises, or predictions of success regarding any of the Services or resources offered through our Site or otherwise.  You acknowledge and agree that the use of the Service is entirely at your own risk.

 

 

3.                   We Do Not Provide Medical Advice.

We are not providers of any health care service.  Our Service is a useful tool in organizing and reporting certain data, but it is not intended to be, and is not, a substitute for the exercise of the professional medical judgment of practitioners using our Service. We take no responsibility for the medical or other information provided or conveyed via the Service or for the medical or clinical use that any health care practitioner may take on the basis on such information.  By using the Service, you agree that we are not responsible or liable to you for any claim, loss, or damage arising from the Service or its use by you or any other user.

 

4.                   Registration and User Account

In order to use the Service, you or the entity with which you are affiliated must register and open a user account on the Site or a related App (the “Account”).  Registration must be done by providing us with your name, phone number, your e-mail address, and certain other demographics information. During the registration process, you will be asked to choose a password and username for your Account. You are solely and fully responsible for maintaining the confidentiality of the login credentials (e-mail, username and password) of your Account and for all activities that occur under your Account. You agree not to disclose your login credentials to any third party. If you forget your password, you can request to have a new password issued and sent to your registered e-mail address. Your Account is at risk if you let someone else use it inappropriately and we reserve the right to terminate your Account if we determine that you or anyone using your Account violates these Terms.

 

You must notify us immediately of any unauthorized use of your Account of login credentials or any other breach of security. We will not be liable for any loss or damage arising from any failure of yours to comply with the Terms or from any unauthorized use of your Account or any other breach of security. You may be liable for our losses and/or others due to any such use.

 

If you wish to modify your Account information, or if you wish to terminate your Account, you may do so by contacting us or the administrator of the Account at your facility. Your Account will be terminated within a reasonable time following your request.  Upon termination you will no longer be able to access your Account, and without derogating from any right or claim available to us, any and all permissions, rights and licenses granted to you under these Terms shall be instantly terminated and revoked.

 

Note that terminating your Account may cause the loss and/or unavailability of content, features, or capacity with regard to your Account. We shall not be liable in any way for such unavailability and/or loss.

 

5.                   Minors

Our Site and Service is not for use by minors.  You must be over the age of majority in the jurisdiction where you reside in order to open an account with us.  We reserve the right to request proof of age at any stage to confirm whether minors under the age of majority are using our Site or Services.

 

6.                   Use Restrictions

Certain conduct is strictly prohibited when using our Service. Your failure to comply with these prohibitions may result at our sole discretion in the termination of your access to the Services and may also expose you to civil and/or criminal liability.

 

You may not, whether by yourself or anyone on your behalf: (i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Service, including but not limited to our proprietary videos, text, logos, button icons, images, data compilations, links, other specialized content, documentation, data, related graphics, our intellectual property and other features (collectively, “our Content”), in any way or publicly display, perform, or distribute them; (ii) make any use of the Services and/or our Content on any other website or networked computer environment other than in the Site or Service for any purpose, or replicate or copy our Content without our prior written consent; (iii) create a browser or border environment around the Service, our Content and any part thereof (no frames or inline linking); (iv) interfere with or violate any other user’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Service without their express and informed consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine; (v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others; (vi) transmit or otherwise make available in connection with our Site or Service any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (vii) interfere with or disrupt the operation of our Site, Services, or the servers or networks that host our Site or Services, or disobey any requirements, procedures, policies, or regulations of such servers or networks; (viii) sell, license, or exploit for any commercial purposes any use of or access to our Content, Service or Site; (ix) use our Service or Site for any illegal, immoral or unauthorized purpose; or (xi) use our Site, Service and/or our Content for commercial purposes other than its intended use without our express prior written consent or pursuant to an express written agreement.

 

7.                   Privacy Policy

Our policies on the collection and use of the data transmitted through the Site or Service are set out in our Privacy Policy available on our Site.

 

8.                   Intellectual Property Rights

We are granting you with a limited, personal, not exclusive, non-assignable, not-tradeable license and right to use the Service.  Such rights cannot be transferred or sub-licensed without our prior written consent.  Our Terms do not entitle you with any right in the Service other than a limited right to use it in accordance herewith or any separate use agreement.

 

Our marks and logo (whether or not registered) and all other proprietary identifiers used by us in connection with the Service (the “Marks”) are all trademarks and/or trade names of ours, whether they are registered or not. No right, license, or interest to the Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to the Marks.  You agree not use any of the Marks unless such use was specifically authorized in a separate agreement or these Terms. 

 

Our Service, the Site and our Content and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the “look and feel" of our Site or Service), specifications, methods, procedures, information, know-how, algorithms, data, technical data, interactive features, source and object code, files, interface and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property“), are owned and/or licensed to us and subject to copyright and other applicable intellectual property rights under applicable law. You may not copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any of our Intellectual Property, either by yourself or by anyone on your behalf, in any way or by any means, unless expressly permitted in as separate agreement or these Terms. 

 

You may not remove or delete any and all copyright notices, restrictions and signs indicating proprietary rights of us or our licensors, including [®], copyright mark [©] or trademark [™] contained in or accompanying our Content included on the Site, and you represent and warrant that you will abide by all applicable laws in this respect.

 

9.                   Availability

The availability and functionality of our Site and Service depends on various factors, such as communication networks. We do not warrant or guarantee that the Site or Service will operate and/or be available at all times without disruption or interruption, or that it will be error-free.

 

10.               Changes to our Services

We reserve the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently our Site or Service (or any part thereof) without notice, at any time and at its sole discretion.  You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of our Site or Service.

 

11.               Disclaimer and Warranties

MONITAIR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE SITE OR SERVICE OR ITS CONTENT. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF OUR SITE OR SERVICE IS ENTIRELY AT YOUR OWN RISK.

 

OUR SERVICE, INCLUDING ANY TECHNICAL SUPPORT SERVICES, ARE PROVIDED ON AN “AS IS" “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR FUNCTION. MONITAIR DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF DATA TRANSMITTED THROUGH OUR SITE OR SERVICE, INCLUDING ANY MEDICAL INFORMATION OR DATA FROM THIRD PARTY PRODUCTS. MONITAIR DISCLAIMS RESPONSIBILITY FOR ANY AND ALL MEDICAL INFORMATION UPLOADED OR COMMUNICATED THROUGH THE SERVICES BY USERS INCLUDING FOR ANY EXTERNAL MEDICAL INFORMATION.

 

MONITAIR DOES NOT WARRANT THAT THE OPERATION OF OUR SERVICES IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS.

 

12.               Limitation of Liability

In no event shall MonitAir, including its officers, directors, shareholders, employees, sub-contractors and its agents be liable for any damages whatsoever, including, but not limited to, direct, indirect, special, incidental or consequential damages of any kind, whether in an action of contract, negligence or other tortious actions resulting from or arising out of our Site or Service, or the use or inability to use our Site or Services, the Content, the performance or failure of MonitAir to perform under these terms, any other act or omission of MonitAir by any other cause whatsoever; or based upon breach of warranty, breach of contract, negligence, strict liability, or any other legal theory, regardless of whether MonitAir has been advised of the possibility of such damages.

 

No action may be brought by you for any breach of these terms more than one (1) year after the accrual of such cause of action. As some states, provinces or other jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, then such limitations only may not apply to a user residing in such state, province or other jurisdiction.

 

You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for MonitAir’s services to you, and such limitations will apply notwithstanding the failure of essential purpose of any limited remedy, and even if MonitAir has been advised of the possibility of such liabilities and/or damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

 

In no event shall MonitAir’s cumulative liability to you exceed amounts paid to MonitAir for your use of the Site or Service in the twelve (12) months prior to the date any claim is made.

 

13.               Indemnification

You agree to indemnify, defend and hold MonitAir, our owners, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable investigation expenses and attorneys’ fees, which arise out of your breach of these Terms, the documents they incorporate by reference, or your use of the Services, Site and Content.  Your indemnification obligation under these Terms shall survive the termination of this Agreement for any reason.

 

14.               Termination and Suspension of Service

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us (i) that you no longer wish to use our Site or Services, or (ii) when you cease using our Site.  Your obligations and liabilities incurred prior to the termination date shall survive the termination of this agreement for all purposes.

 

We may suspend, deactivate, limit, or cancel a user’s account and impede or restrict access to our Service or Site if, in our sole discretion, we think that a user is causing issues, potential legal liabilities, or are acting in a manner inconsistent with the letter or spirit of our policies and these Terms.  We may do this without limiting other possible remedies. We also have the ability to terminate user accounts that have no activity for a long period of time.

 

15.               Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

16.               No Waiver of Remedy; Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.  These Terms, along with any separate use agreement between you and us, and any policies or operating rules posted by us on our Site or in respect to the Site or the Service constitute the entire agreement and understanding between you and us and govern your use of the Site and Service, and supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms).  Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

17.               Governing Law And Venue

These Terms of Service and any separate agreements whereby we provide you access to the Site and the Service shall be governed by and construed in accordance with the laws of the State of Florida without regard to the conflict of laws principles of such jurisdiction.  You agree that any claim or dispute you may have against MonitAir must be resolved by a court located in Miami-Dade County, Florida. You agree to submit to the personal jurisdiction of the courts located within Miami-Dade County, Florida for the purpose of litigating all such claims or disputes.

 

18.     Contact Information

Questions about the Terms of Service should be sent to us via email at info@monitairhealth.com

Last modified: August, 2020

Introduction

MonitAir, LLC (“MonitAir,” “us,” “our”) respects your privacy and are committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you visit the website (our “Website“) or use or software as a service platform for remote patient care monitoring (our “Service”).  This policy describes our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

• On this Website or the Service.
• In email, text, and other electronic messages between you and this Website.
• Through the Service or any other mobile and desktop applications you acquire from us.
• When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

It does not apply to information collected by:

• Us offline or through any other means, including on any other website operated by us or any third party; or
• Any third party, including through any application or content that may link to or be accessible from or on the Website.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this our Service or Website, you agree to this privacy policy. This policy may change from time to time. Your continued use of the Service or this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Children Under the Age of 13

Our Website is not intended for use by children under 13 years of age. No one under age 13 may provide any information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not (i) use or provide any information on this Website or through any of its features, (ii) register or create an account on the Website, (iii) make any purchases through the Website, (iv) use any of the interactive or public comment features of this Website, or (v) provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information.

California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Service or Website, including information:

• By which you may be personally identified, such as name, postal address, e-mail address, telephone number, age, health care condition, credit card or other payment data (“personal information“);
• About your internet connection, the equipment you use to access our Website, and usage details.

We collect this information:

• Directly from you when you provide it to us.
• Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies or other tracking technologies.

Information You Provide to Us 

The information we collect on or through our Service or Website may include:

• Information that you provide by creating an account or filling in forms on our Service or Website. This includes information provided at the time of registering to use our Service or Website, posting material, making orders for our services or products. We may also ask you for information when you report a problem with our Service, Website or other certain services.
• Records and copies of your correspondence (including email addresses), if you contact us.
• Your responses to surveys that we might ask you to complete for research purposes.
• Details of transactions you carry out through our Service or Website and of the fulfillment of your orders or any product or service we offer. You may be required to provide financial information before placing an order with us through our Website.
• Your search queries on the Website.

You also may provide information to be published or displayed (hereinafter, “posted“) on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “User Contributions“). Your User Contributions are posted on and transmitted to others at your own risk. Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies 

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

• Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
• Information about your computer and internet connection, including your IP address, operating system, and browser type.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).

The information we collect automatically helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

• Estimate our user size and usage patterns.
• Store information about your preferences, allowing us to customize our Website according to your individual interests.
• Speed up your searches.
• Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
• Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

• To present our Website, Service and their contents to you.
• To provide you with information, products, or services that you request from us.
• To fulfill your purchase orders any other purpose for which you provide it.
• To provide you with notices about your account, including expiration and renewal notices.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• To notify you about changes to our Service or Website.
• To allow you to participate in interactive features on our Website.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.

We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data or adjust your user preferences in your account profile. 

Protected Health Information (HIPAA)

To the extent that we provide “Business Associate” services to you for any purpose, we comply with applicable privacy and security rules under HIPAA and applicable state law. 

Disclosure of Your Information

We may disclose aggregated information about our users, and information that is de-identified in the manner required under HIPAA without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Website users is among the assets transferred.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.
• With your consent.

We may also disclose your personal information:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce or apply our Terms of Service.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety, of ourselves and of our customers or others. This may include exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Accessing and Correcting Your Information

You can review and change your personal information by logging into the Website and visiting your account profile page.

You may also send us an email at info@monitairhealth.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users.

Data Security

We have implemented measures consistent with applicable law which are designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any transactions of protected health information under HIPAA or payment will be encrypted.

The safety and security of certain information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you by email to the primary email address specified in your account or through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us via email at

info@monitairhealth.com or via our phone number at (833) GOOD-NYT (1-833-466-3698).

Last modified: August, 2020