- The Services Covered by these Terms
- Acceptance of Terms
- Content Disclaimer
- Content for Personal Use Only
- User-Generated Content
- Customer Service and Technical Support
- Medical Disclaimer
- Warranty Disclaimer
- Limitations of Liability
- Proprietary Rights
- Restrictions on Use; Terminating Access
- Legal Notices
- Modification of Terms
- Other Terms and Conditions
- Effective Date
The Services Covered by these Terms
The services that link to these terms, include, but are not limited to:
- 1819 LLC or Quil-branded websites, including www.QuilHealth.com
- 1819 LLC or Quil-branded mobile applications
To access our services, you will need access to the internet. You understand that you must provide, at your own expense, all internet, telephone and other equipment and services necessary to access and use our services. We are not responsible for the services or any interruption thereof provided by third parties that operate websites or applications that link to our services. You are solely responsible for any and all activities that occur under your account. You will notify us immediately upon learning of any unauthorized use of your account or any other breach of security.
Linking to other websites and applications
From time to time, our Applications may provide links to other websites or applications, not owned or controlled by us, that we think might be useful or of interest to you. We cannot, however, be responsible for the privacy practices used by other website owners or the content or accuracy of those other websites. Links to various websites or applications that we do not own or manage do not constitute or imply our endorsement of these websites or applications, any products or services described on these sites, or of any other material contained in them.
We may also provide links to other websites or mobile applications that we control, but that operate independently of the Applications. Privacy policies applicable to those sites and applications will appear on those sites and applications and may differ from this Privacy Statement. In connection therewith, our Applications utilize Google’s Firebase analytics to collect and process data. A description of this process can be found at “How Google uses data when you use our partners’ sites or apps”, (located at www.google.com/policies/privacy/partners/, or any other URL Google may provide from time to time).
Acceptance of Terms
These terms constitute are an agreement between you and us. When you use our services, you acknowledge that you have read, understand and agree to these terms. If you do not accept the terms, you may not use the services. This agreement shall apply to any and all of your uses of the services, and shall survive any termination of your access to any one or more of the services. By accepting these terms, you agree to comply with all applicable laws and regulations.
You understand and agree that the health information and other content appearing in any service or developed with your input as part of the services:
- is compiled from a variety of sources (“content providers”), and is provided for informational purposes only,
- is presented in summary form and intended to provide broad consumer understanding and knowledge of health care topics,
- does not cover all possible uses, directions, precautions, drug interactions or adverse effects, nor mean that a particular drug or course of treatment is safe, effective or appropriate for your health condition,
- is not a substitute for professional health care and is not meant to replace the advice of health care professionals, and
- does not replace or modify any documents or other materials provided to you by your health plan or health care providers.
IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, YOU SHOULD CALL 911. THE USE OF OUR WEBSITE AND THE SERVICES IS NOT INTENDED TO AND DOES NOT CONSTITUTE THE PROVISION OF MEDICAL ADVICE.
Content for Personal Use Only
The services let you display and in some cases download content or specific portions of content. In exchange for making this content available, you understand and agree that you will only display and/or download content from the services for your own personal use. You agree not to modify the content in any way. You also agree not to change or delete any proprietary notices from any content displayed or downloaded from the services.
You represent that you have properly identified yourself by entering your own name, email address and other personal identifiers (like date of birth, address and phone number) when registering with a service, or you have authorized a personal representative (a family member, for example) to enter this information on your behalf. You or your authorized representative may volunteer this or any additional information while using a service (such as a date of surgery or a type of medical procedure involved in the surgery), including comments, suggestions, error reports or support inquiries (collectively with personal identifiers, “user content”). When you do so, you grant us a non-exclusive, transferable, sublicensable, worldwide, royalty-free, perpetual, irrevocable, fully paid-up right and license to use, copy, distribute, reproduce, and create derivative works of your user content as we deem reasonably necessary to provide you with the service. You also represent and warrant to us that:
- The user content you provide is accurate, complete and timely;
- You have all rights necessary to grant us the foregoing license;
- User content will not infringe or otherwise violate any laws, regulations or third party rights; and
- User content will not damage or cause harm to our systems or networks, the systems or networks of our business partners, other users of our services or any other third party.
Customer Service or Technical Support
You can get support with respect to the services by sending an email to help@1819Health.com.
If you have specific health care needs, or for complete health information, please see a doctor or other health care provider. Neither we nor our content providers make any representation or warranty as to the reliability, accuracy, timeliness, usefulness or completeness of any content appearing in the services or on our website. You should never disregard medical advice or delay seeking it because of something you read when accessing the services. Consult your physician if you need medical advice.
The services are provided “AS IS” without any representation or warranty of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to you. The service is provided “as is”. The content we provide through the service is for informational purposes only, and no warranty is made that it is error-free.
Limitations of Liability
In no event will we be liable to you for any direct, indirect, special or other consequential damages arising out of any use of our services, or any other hyperlinked website or application, including without limitation, any lost profits, business interruption, loss of programs or data on your equipment or otherwise, even if we are expressly advised of the possibility or likelihood of such damages. Our total cumulative liability to you or any other party for any loss or damage resulting from claims, demands or action, arising out of or relating to this Agreement or your use of the service will not exceed an amount equal to the fees received by Quil from you during the preceding 12 months.
The services and all intellectual property rights therein are, and will remain the property of Quil. All rights in and to software not expressly granted to you in this Agreement are reserved and retained by us. You agree, to the maximum extent permitted by applicable law, not to (and not to allow any third party to): (a) sublicense, distribute, or use the service outside of the scope of the license granted in this Agreement; (b) copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, or decompile the software or otherwise attempt to discover any source code or trade secrets related to the service; (c) rent, lease, sell, assign or otherwise transfer rights in or to the service; (d) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the service; (e) use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the service for any purpose without our express written consent; (f) register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with Quil or its affiliates; (g) remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the service or (h) seek, in a proceeding filed during the term of this Agreement or for one year after such term, an injunction of any portion of the service based on patent infringement.
To the maximum extent permitted by law, you agree to indemnify and hold us, our affiliates and members, and each of our respective employees, contractors, directors, suppliers and representatives (“indemnified parties”) from all liabilities, losses, damages, claims, actions, demands, settlements, costs and expenses, including attorneys’ fees, that arise from or in connection with (i) your use of the service, (ii) your breach of this Agreement, (iii) your negligence, willful misconduct or violation of any laws or regulations or third party rights, (iv) any claims made by or on behalf of third parties as well as any disputes with any third parties, (v) your violations of applicable law, rules or regulations concerning the services . Quil reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully assist and cooperate with Quil in asserting any available defenses.
Restrictions on Use; Terminating Access
You will not, nor permit anyone else to, directly or indirectly:
- reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of our services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law);
- modify or create derivatives of any part of our services;
- rent, lease, or use the services for any commercial purpose;
- remove or obscure any proprietary notices on the services;
- use the services for any unlawful purpose;
- access any service or information system that is not explicitly permitted by these terms;
- send unwanted messages or emails (i.e.,“spam”) through any services;
- send any harassing, defamatory or illegal content through any service (or any content that otherwise infringes or violates the rights of any third party);
- use Quil-branded domain names or web URLs in your username without our prior written consent;
- interfere or disrupt a service in any way; or
- access a service via any automated means including without limitation scripts, bots, spiders, crawlers, or scrapers.
We may terminate your access to any one or more of the services if you violate any of these terms.
We may deliver notice to you concerning these terms by means of electronic mail to the address on record in our files, by a general notice posted on the website or mobile application that links to these terms.
Modifications to these Terms
We may modify these terms at any time by posting revised terms to any website or application that delivers a service. You can determine when these terms were last revised by referring to the Effective Date at the bottom of these terms. Any modifications will be effective immediately upon such posting. Your use of or access to the services after these modifications are posted will signify your acceptance of the modifications and your agreement to be bound by them.
Other Terms and Conditions
- The failure of either party to exercise in any respect any right provided for in these terms shall not be deemed a waiver of any further rights hereunder.
- If any provision in these terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the terms shall otherwise remain in full force and effect and enforceable.
- The terms are not assignable, transferable or sublicensable by you except with our prior written consent.
- We may transfer, assign or delegate this agreement and its rights and obligations without your consent.
- The terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, as if made within Pennsylvania between two residents thereof. You agree that all disputes or disagreements arising in connection with these Terms of Service shall be settled by binding arbitration in accordance with the rules and procedures (“Rules”) of the Pennsylvania Revised Uniform Arbitration Act. Arbitration shall be conducted by one (1) arbitrator selected in accordance with the Rules. In the event any telephonic or other streamlined procedures are available – they will be used. The written decision of the arbitrator shall be final and binding on the parties and enforceable in any court. The arbitration proceeding shall take place in Philadelphia, Pennsylvania using the English language. Notwithstanding the foregoing, either party may bring claims for equitable or injunctive relief before a state and federal court located in Philadelphia, Pennsylvania. You hereby waive any right to assert the doctrine of forum non conveniens or similar doctrine or to object to venue of any proceeding brought in accordance with these Terms of Service. You further stipulate that the state and federal courts located in Philadelphia, Pennsylvania shall have personal jurisdiction and venue over you for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to your use of the Services.
- Both parties agree that the terms (inclusive of all policies and documents explicitly incorporated herein by reference) is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this agreement.
- No agency (except as expressly set forth herein), partnership, joint venture, or employment is created as a result of your acceptance of these terms.