Welcome to Protera Health services that are provided through a variety of different channels, including online at proterahealth.com (the “Website”), via one or more applications (the “Application”), or through telehealth delivery (collectively the “Service”). The Service is owned by Protera Health, Inc. and its subsidiaries or affiliates involved in providing and supporting the Service (collectively, “We”, “Us”, “Our” or “Protera Health”). Please read these terms and conditions carefully before using the Service. If you are accepting these terms and conditions for another person, such as a parent or guardian of a minor or incapacitated adult, you agree to these terms and conditions on behalf of that person, and all references to “You” refer to that person.
By accessing or using the Service, you agree to be bound by these terms and conditions (this “Agreement”). Protera Health has the right to accept or reject any applicant for Services, in its sole and complete discretion.
1. Scope of Service This Agreement applies only to your use of the Service.
The Service provides a variety of content, products, and services, which may include, as applicable, the Protera Health application, data analysis, participant access to his/her personal health account, personalized health education, access to other mobile and web-based technologies.
Protera Health, Inc. does not provide clinical services, is independent from healthcare providers who will be providing any services to you and is not responsible for such healthcare providers’ acts, omissions, or for any content of the communications made by them. Protera Health does not engage in the practice of medicine, physical therapy, or provide any other healthcare or clinical services. Features and specifications of products or services described or depicted as part of the Service are subject to change at any time without prior notice.
As a condition to use of the Service, you agree that you will not use the Service in a manner inconsistent with (i) this Agreement, or (ii) any and all applicable laws and regulations.
Any content accessed through the Service is for informational purposes only, and is not intended to cover all possible uses, directions, precautions, drug interactions, or adverse effects. The Service should not be used during a medical emergency or for the diagnosis or treatment of any medical condition. Please consult your doctor or other qualified health care provider if you have any questions about a medical condition, or before taking any drug, changing your diet, or commencing or discontinuing any course of treatment. Do not ignore or delay obtaining professional medical advice because of information accessed through the Service.
Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name, or otherwise, does not constitute or imply the endorsement or recommendation of such by Protera Health. Call 911 or your doctor for all medical emergencies. PROTERA HEALTH IS NOT RESPONSIBLE OR LIABLE FOR ANY MEDICAL ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU MAY OBTAIN THROUGH THE SERVICE.
2. Your Account and your Use of the Protera Health Service You must provide accurate and complete information any time you initially register or continue to use the Service. It is your responsibility to provide Us with true, accurate, and complete email address, contact, and other information related to your account(s), and to maintain and promptly update any changes in this information. You are responsible for maintaining the confidentiality and security of your password and account credentials, and you are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Protera Health of any unauthorized use of your password or account, and (b) ensure that you properly exit from your account at the end of each session. Protera Health shall not be liable for any loss or damage arising from your failure to comply with any of these terms and conditions.
The following actions are expressly prohibited in relation to your user name and password used to obtain the Service:
If you have forgotten your user name or password, the Service will use an email address previously provided by you to send your user name or temporary password. You understand that any other individuals using the same email address will be able to gain access to your Service account information.
Your use of the Service and any content accessed through the Service must comply with all applicable laws, regulations, and ordinances, including any laws regarding the export of data or software. You must be at least 18 years old to register and use the Service, or you must be the legal guardian for someone under age 18 whose data is accessed through the Service. You may not interfere with or disrupt the proper operation of the Protera Health Service.
If you use Protera Health’s mobile services to enter and maintain your personal information, you understand that you are responsible for safeguarding and securing your mobile device and the associated credentials (such as user identifiers and passwords). If you leave your mobile device unattended, or if it is lost or stolen, you understand that your personal information may be accessible to others. By providing your phone number to Protera Health, you expressly consent to Protera Health calling or texting you at this phone number - in person or through an automated system.
3. Text Message and Short Code Terms By opting in you are agreeing to receive informational messages. You can cancel the SMS service at any time. Just email care@proterahealth.com and ask to stop receiving messages. After this, you will no longer receive SMS messages from Us. If you want to join again, contact us at care@proterahealth.com. If you are experiencing issues with the messaging program you can contact Protera Health for help directly at care@proterahealth.com. Carriers are not liable for delayed or undelivered messages. As always, message and data rates may apply for any messages sent to you from Us and to Us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. If you have any questions regarding privacy, please read our Privacy Policy.
4. Use of your Information / Privacy Policy If you create, transmit, or display information while using the Protera Health Service, you may provide only information that you own or have the right to use. Protera Health will only use information you provide as permitted by the Privacy Policy, HIPAA Notice, and applicable law. The purpose of Our Privacy Policy is to identify the information We collect online, the steps We take to protect it and your choices regarding how that information is used. In addition, when Protera Health is acting as a Covered Entity or Business Associate under the Health Insurance Portability and Accountability Act (“HIPAA”), Our Notice of Privacy Practices applies to those services.
5. Intellectual Property The Service is owned by Protera Health. We grant to you, for your personal purposes only, a nonexclusive, limited and revocable right to access and use the Service during the term of this Agreement, so long as you comply with the terms of this Agreement. You agree not to use the Service for any other purpose, including commercial purposes, such as co-branding, framing, linking, or reselling any portion of the Service without Our prior written consent.
All materials available through the Service may be accessed, downloaded, or printed for the user’s own personal, noncommercial purpose and solely within the scope allowable by this Agreement. No other use of these materials is allowed without express written permission of Protera Health.
Any unauthorized use of the words or images from the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes. The Service includes material that is derived in whole or in part from materials that are copyrighted, including the content, format and layout of the Service. The copyrights are owned by Protera Health, or for licensed content, the content providers.
None of the names, trademarks, service marks and logos of Protera Health appearing on the Service may be used in any advertising or publicity, or otherwise to indicate Protera Health’s sponsorship of or affiliation with any product or service without express written permission of Protera Health. Nothing contained within the Service should be construed as granting, by implication, estoppel, waiver, or otherwise, any license or right of use to any trademark displayed on or through the Service without the written permission of Protera Health or the third-party owner of the trademark, if any. The Service may contain other proprietary notices and copyright information, the terms of which must be observed and followed by you.
You understand and agree that any and all comments, suggestions, ideas or feedback (collectively, “Feedback”) you provide Us about the Service or any Protera Health products or offerings, including how to improve them, is or becomes the exclusive property of Protera Health, including any associated rights to such Feedback, and Protera Health may freely use, copy, make, sell, reproduce or modify Feedback in any manner without consent, obligation or compensation to you.
6. Right to Change Terms and Conditions Protera Health may, at any time and from time to time, amend this Agreement. Any changes to this Agreement will be effective immediately upon posting of the changed terms and conditions on the Service or our Website. You agree to periodically review these terms and conditions, and your continued use of the Service following any such change constitutes your agreement to follow and be bound by this Agreement as amended.
7. Browser Access and Internet Services You are responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment (collectively, “Systems”) necessary for you to access and use the Service. This responsibility includes, without limitation, your utilizing up to date web-browsers and strong encryption, antivirus, anti-spyware, and internet security software. You are additionally responsible for obtaining internet services via the internet service provider of your choice, for any and all fees imposed by such internet service provider and any associated communications service provider charges. You acknowledge that there are certain security, corruption, transmission error, and access availability risks associated with using open networks such as the internet, and you hereby expressly assume such risks. You acknowledge that you are responsible for the data security of the Systems used to access the Service, and for the transmission and receipt of information using such Systems. You acknowledge that you have requested access to the Service for your convenience, have made your own independent assessment of the adequacy of your internet and Systems, and that you are satisfied with that assessment. We are not responsible for any errors or problems that arise from the malfunction or failure of the internet or your System.
8. Links to Other Sites The Service may contain third-party-owned content (e.g., articles, data feeds, abstracts, etc.) and may also include hypertext links to third-party-owned websites. We provide such third-party content and links as a courtesy to our users. We have no control over any third-party owned web sites or content referenced, accessed by or available through the Service and, therefore, we do not endorse, sponsor, recommend or otherwise accept any responsibility for such third party web sites or content or for the availability of such web sites. IN PARTICULAR, WE DO NOT ACCEPT AND EXPRESSLY DISCLAIM ANY LIABILITY ARISING OUT OF ANY ALLEGATION THAT ANY THIRD-PARTY OWNED CONTENT (WHETHER PUBLISHED ON THE SERVICE, OR ANY OTHER, WEB SITE) INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ANY LIABILITY ARISING OUT OF ANY INFORMATION OR OPINION CONTAINED ON SUCH THIRD-PARTY WEB SITE OR CONTENT. If you link to third-party sites from Protera Health, you should consult the policy statements of each site you visit.
9. Disclaimer of Warranty; Limitation of Liability By using the Service, you agree and represent to Protera Health that you have the power and legal authority to accept and agree to these Terms and Conditions on behalf of yourself or as a legal guardian of someone else, and that you own all of the legal rights to the information you provide and grant the rights and licenses granted herein; and all information that you provide to Protera Health or its employees and/or affiliates is accurate, complete, and true when provided.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. PROTERA HEALTH AND ITS SUPPLIERS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE INFORMATION, SERVICES AND MATERIALS CONTAINED ON THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. ACCESS TO THE SERVICE MAY BE INTERRUPTED AND INFORMATION, SERVICES AND MATERIALS MAY NOT BE ERROR-FREE. NONE OF PROTERA HEALTH, ITS SUPPLIERS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE OR THE INFORMATION, SERVICES, AND MATERIALS CONTAINED THEREIN ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, SERVICES, AND MATERIALS PROVIDED ON THE SERVICE; THEY ALSO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICE FOR ANY REASON. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE SERVICE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
10. Indemnification You agree to indemnify, defend, and hold harmless Protera Health and its suppliers and their respective affiliates, employees, officers, directors, agents, and representatives of each from any third-party liability, loss, claim, suit, damage, and expense (including reasonable attorneys' fees and expenses) related to (i) your violation of this Agreement; (ii) your misuse of the Service, including any features, functionality, tools, content or promotions available through the Service; (iii) your posting of material to the Service; (iv) your misrepresentation, gross negligence or willful misconduct; and (v) your breach of federal, state, local, or other applicable laws or regulations.
11. Applicable Law The Service is offered solely in the United States and may be accessed solely from the United States. You agree that the statutes and laws of the State of Delaware, without regard to any principles of conflicts of law, will apply to any and all matters relating to the use of the Service. Any dispute between Protera Health and you related to this Agreement shall be resolved exclusively in and by the state and federal courts of the State of Delaware.
12. Modification and Termination of the Protera Health Service You may terminate your use of the Service at any time by not using the Service anymore. Protera Health reserves the right to terminate accounts for any reason it deems appropriate including, but not limited to, a belief that your conduct or your use of the Service violates applicable laws or is harmful to the interests of Protera Health, its clients or any other users, your abusive, harassing, threatening or otherwise inappropriate behavior, or illegal or inappropriate conduct, such as falsifying information to receive our Service. Protera Health also may place limits on, modify, suspend, or terminate the Service generally, as it deems appropriate or in response to a legal or regulatory change, and may suspend or terminate your use of the Service if you fail to comply with this Agreement. This suspension or termination may delete your information, files, and other previously available content. If Protera Health terminates the Service or your use of the Protera Health Service, this Agreement will also terminate, but Sections 2, 4, 5, 8, 9, 10, 11, 12, and 13 shall continue to be effective after this Agreement is terminated.
13. General Legal Terms If you have not signed a separate written agreement with Protera Health related to the Service, this Agreement, along with the related Privacy Policy, is the entire agreement between you and Protera Health related to the Service, replacing any prior agreements. If there is any conflict between this Agreement and a signed written agreement between you and Protera Health related to the Service, this Agreement will control. If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions of the Agreement remain in full force, provided that the essential terms and conditions of this Agreement remain valid, binding and enforceable and the economic and legal substance of the transactions contemplated by the Agreement are materially preserved. You may not assign, transfer, or delegate any of your rights or obligations under these Terms and Conditions, without Our prior written consent. Protera Health may assign, transfer, or delegate Our rights and obligations under these Terms and Conditions, in whole or in part, in Our sole discretion. The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations. Nothing in this agreement creates an agency, partnership, or joint venture. Failure to enforce any provision will not constitute a waiver of that provision.
14. Contact Information Protera Health is headquartered in Bloomfield Hills, Michigan in the United States of America.
Protera Health, Inc. 43313 Woodward Ave #1174, Bloomfield Hills, MI 48302
Email: care@proterahealth.com
Last updated on September 30, 2022
