This website, located at uniform resource locator www.particlehealth.com, including the Particle Health Developer Portal, located at portal.particlehealth.com (the “Site"), is provided by Particle Health, Inc. (“Particle Health”,” "we," "our," or "us") to the person accessing the Site ("you," or "your").
The information and materials on the Site are provided for general informational purposes. You may use the Site solely for the purposes of learning about (i) Particle Health’s integrated HIPAA authorization, record aggregation and delivery services, or (ii) other Particle Health products or services. You may not use, reproduce or distribute the text, graphics, downloads, tools or any other content on the Site for any other purpose.
The information and materials on the Site are not intended to be, and must not be taken to be, the practice of medicine or other healthcare services by Particle Health. Use of the Site does not create a provider/patient relationship with Particle Health. Particle Health is not recommending or endorsing any specific medical treatment for any medical condition, healthcare provider or medication.
To access and use certain features of the Site, you are required to open an account (“Your Account”) by registering with Particle Health. When you register for Your Account, you must provide true, accurate, current, and complete information, and you agree to update the account information in order to ensure that it is current.
You are solely responsible for maintaining the confidentiality of your passwords and for all of your activities and those of any third party that occur through your User Account, whether or not authorized by you. You agree to immediately notify Particle Health of any suspected or actual unauthorized use of your User Account. You agree that Particle Health will not under any circumstances be liable for any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your passwords.
A. You agree that: (i) you will only use the Site for lawful purposes; (ii) you will not use the Site for any fraudulent purposes or to engage in any illegal, offensive, indecent or objectionable conduct; (iii) you will not use the Site to cause nuisance, annoyance or inconvenience; (iv) you will not impair the proper operation of the Site; (v) you will not try to harm the Site in any way whatsoever; (vi) you will not copy or distribute the Site or any other content without written permission from us; (vii) you will only use the Site for your internal operations and will not resell it to a third party or otherwise use it for commercial purposes; and (viii) you will keep secure and confidential the password to your User Account or any identification that Particle Health provides which allows access to the Site.
B. You agree to protect the Site, and its proprietary content, information and other materials, from any unauthorized access or use, and you agree that you will not use the Site, or such proprietary content, information or materials except as authorized in writing by Particle Health. You agree that you will not directly or indirectly: (i) distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit the Site in any unauthorized manner, including but not limited to by trespass or burdening network capacity; (ii) use the Site in any service bureau arrangement; (iii) copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the Site, in whole or in part, in any form or manner, or by any means; (iv) harvest or scrape any content or data from the Site; or (v) permit any third party to engage in any of the acts described in clauses (i) thru (iv).
C. Particle Health and our licensors reserve the right to change, suspend, remove, or disable access to the Site, or any portion of the Site at any time without notice. In no event will Particle Health be liable for the removal of or disabling of access to the Site or any portion thereof. Particle Health may also impose limits on the use of or access to the Site, in any case without notice or liability.
When you visit the site or send emails to Particle Health, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
THE SITE, ITS CONTENT, MATERIALS, SERVICES AND PRODUCTS ON THE SITE ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PARTICLE HEALTH HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Particle Health does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that the Site or the server that makes the Site available are free of viruses or other harmful components. Particle Health does not make any warranties or representations regarding the use of the materials in the Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER PARTICLE HEALTH, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
In an attempt to provide increased value to our visitors, Particle Health may link to sites operated by third parties. However, even if the third party is affiliated with Particle Health, Particle Health has no control over these linked sites, all of which may have separate privacy and data collection practices, independent of Particle Health. These linked sites are only for your convenience and therefore you access them at your own risk. Without limiting the foregoing, Particle Health specifically disclaims any responsibility if such sites: (i) infringe any third party's intellectual property rights; (ii) are inaccurate, incomplete or misleading; (iii) are not merchantable or fit for a particular purpose; (iv) do not provide adequate security; (v) contain viruses or other items of a destructive nature; or (vi) are libelous or defamatory.
Particle Health does not endorse the content, or any products or services available, on such sites. Nonetheless, Particle Health seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only this Site, but for sites it links to as well (including if a specific link does not work).
You agree that you are not permitted to: (i) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the Site; (ii) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer any part of the Site in whole or in part; (iii) use any means to discover the source code of any portion of the Site; or (iv) otherwise circumvent any functionality that controls access to or otherwise protects the Site. Any attempt to do any of the foregoing is a violation of Particle Health’s and our licensors’ rights. If you breach these restrictions, you may be subject to prosecution and damages.
B. Any and all (i) suggestions for correction, change and modification to the Site and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to Particle Health by you (collectively “Feedback”), and all (ii) improvements, updates, modifications or enhancements, whether made, created or developed by Particle Health or otherwise relating to the Site and/or Service (collectively, “Revisions”), are and will remain our property. You agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the Site or in any such Feedback or Revisions. You agree to assign to Particle Health any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions.
The following trademarks are our property: Particle Health.
These marks may not be used without our consent on any product or service, except our own.
Copyright © 2019, Particle Health, Inc. ALL RIGHTS RESERVED.
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Particle Health or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of Particle Health and protected by United States and international copyright laws. All software used on the Site is the property of Particle Health or its software suppliers and protected by United States and international copyright laws. You agree not to change or delete any proprietary notices from materials printed or downloaded from the Site.
Particle Health respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at firstname.lastname@example.org.
17. Questions and FeedbackWe welcome your questions, comments, and concerns about the Site. Please send us any and all feedback pertaining to the Site by contacting us at email@example.com.
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