Terms of Use
Last Modified: January 2024
These Terms of Use (“Terms“) are a binding agreement between you (“you” or “your“) and Baptist Health (“Company“, “Baptist Health”, “we” or “our”). These Terms govern your use of the hello pregnancy application, (including all related documentation, the “Application“). Access to and use of the Application, including functions and features contained therein, may be provided, in whole or in part, by or through Company’s third-party licensors or service providers, such as LEAGUE CORP. and Pager, Inc. d/b/a Pager Health.
BY CLICKING ANY “AGREE” BUTTON OR DOWNLOADING, INSTALLING OR USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT THAT YOU ARE 13YEARS OF AGE OR OLDER; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY SUCH TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.
These Terms outline the terms and conditions that govern your use of the Application.
Please review our Privacy Policy for how we collect, use and disclose your personal information, and to the extent your personal information constitutes Protected Health Information, please also review our Notice Of Privacy Practices.
NEVER DISREGARD, AVOID OR DELAY IN OBTAINING MEDICAL ADVICE FROM YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER BECAUSE OF SOMETHING YOU HAVE READ THROUGH THE APPLICATION. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911 FOR EMERGENCY MEDICAL HELP OR GO TO YOUR NEAREST EMERGENCY ROOM.
- License Grant. Subject to the terms and conditions of these Terms, Company grants you a limited, non-exclusive, and nontransferable license to download, install, and use the Application for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (“Mobile Device“) strictly in accordance with these Terms.
- License Restrictions. Except as may be expressly permitted by applicable law or expressly authorized by these Terms, you shall not:
- copy the Application, except as expressly permitted by this license;
- modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
- reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
- remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
- rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time;
- use any robot, spider, or other automatic device, process, or means to access the Application for any purpose, including monitoring or copying any of the material on the Application;
- use any manual process to monitor or copy any of the material on the Application, or for any other purpose not expressly authorized in these Terms, without Company’s or its licensors’ prior written consent;
- frame, mirror, or otherwise incorporate the Application or any portion of the Application as part of any other mobile application, website, or service;
- use the Application in any manner that could disable, overburden, damage, or impair the Application or interfere with any other party’s use of the Application; or
- remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application.
- Content Standards. These content standards apply to any and all use of any interactive services or where you provide any content or information in or through the Application. Any information you provide must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, the information you provide must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
- We have the right to take any action including terminate or suspend your access to the Application that we deem necessary or appropriate in our sole discretion, including if we believe that your interactions with the Application violates these Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Application or the public, or could create liability for the Company.
- Reservation of Rights. You acknowledge and agree that the Application is provided under a license, and not sold, to you. You do not acquire any ownership interest in the Application under these Terms, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
- Collection and Use of Your Information.
- To access the Application or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Application that all the information you provide is correct, current, and complete, as it is used to generate a medical record for you at Baptist Health. The information we collect through or in connection with the Application is subject to our Privacy Policy or the Baptist Health Notice of Privacy Practices. By downloading, installing, using, and/or providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy and Baptist Health Notice of Privacy Practices.
- If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. Allowing someone else to use your account could cause, among other things, incorrect information to be entered into your medical record, therefore, you also acknowledge that your account is personal to you and agree not to provide any other person with access to this Application or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.
- Geographic Restrictions. The Application and any services provided in connection with the Applications are provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or use the Application or any content and services provided through the Applications outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Application from outside the United States, you are responsible for compliance with local laws.
- Updates. Company, its licensors and third-party service providers may from time to time in their sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates“). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company, its licensors and third-party service providers have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
- the Application will automatically download and install all available Updates; or
- you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of these Terms.
- Third-Party Materials and Services.
- The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials and Services“). You acknowledge and agree that Company is not responsible for Third-Party Materials and Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials and Services. Access to and use of Third-Party Materials and Services and links thereto are provided solely as a convenience to you, and your access to and use of them is entirely at your own risk and subject to such third parties’ terms and conditions.
- To the extent you use the “Chat with a Nurse” feature offered through the Application, you acknowledge and agree (a) that such feature, chat functions and the services provided are performed by Pager and its clinicians, and not Baptist Health, or its affiliates or their healthcare providers, (b) that you will be subject to and will be required to comply with Pager’s Terms and Conditions, which are set forth below as “Pager, Inc. Terms and Conditions” and (d) that Baptist Health is in no way responsible for your interactions with Pager, its clinicians or messaging with such clinicians, or the services provided by Pager or its clinicians. Please review the Pager, Inc. Terms and Conditions for more information.
- Term and Termination.
- The term of these Terms commences when you click “agree”, download, install or otherwise begin using the Application and will continue in effect until terminated by you or Company as set forth in this 9.
- You may terminate these Terms by deleting the Application and all copies thereof from your Mobile Device.
- Company may terminate these Terms at any time without notice. In addition, these Terms will terminate immediately and automatically without any notice if you violate any of the terms and conditions of these Terms.
- Upon termination:
- all rights granted to you under these Terms will also terminate; and
- you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.
- Termination will not limit any of Company’s rights or remedies at law or in equity.
- Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:
- PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
- DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION, IF ANY.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
- Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of these Terms, including but not limited to the content you submit or make available through this Application.
- Export Regulation. The Application may be subject to US export control laws. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.
- US Government Rights. The Application is a commercial product, consisting of commercial computer software and commercial computer software documentation, as such terms are defined in 48 C.F.R. § 2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other US Government licensees and their contractors.
- Severability. If any provision of these Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect.
- Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and any applicable purchase or other terms, the terms of these Terms shall govern.
- Governing Law. These Terms are governed by and construed in accordance with the internal laws of the State of Arkansas without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms or the Application shall be instituted exclusively in the state or federal courts of Arkansas. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
- Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- Entire Agreement. These Terms and our Privacy Policy constitute the entire agreement between you and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application. In the event of a conflict between these Terms and any other terms, these Terms shall control.
- Modification of Terms. Company reserves the right to change, add, modify, or remove portions of these Terms at any time. Such changes, additions, removals, or modifications will be effective immediately upon posting. You agree to review these Terms periodically to be aware of such modifications and your continued access or use of the Application after any modification will be deemed your acceptance of the modified terms.
THE FOLLOWING TERMS AND CONDITIONS APPLY TO YOU TO THE EXTENT YOU USE THE PAGER “CHAT WITH A NURSE” (OR SIMILAR) FUNCTIONALITY:
Pager, Inc. Terms and Conditions
Baptist Health (“Baptist”) has engaged Pager, Inc. d/b/a Pager Health (“Pager Health”, “we,” or “us”) to connect its members with Pager Health’s interactive services through the hello pregnancy mobile application (the “Pager Services”) through which Pager Health: (1) facilitates the provision of telemedicine services between Baptist members and licensed healthcare providers engaged by Pager Health who are affiliated with Beeper Medical Group, P.C. (“Providers”); and (2) provides Baptist care coordinators with a work queue when Baptist needs to reach out to or otherwise interact with a member . Use of the Pager Services are governed by these terms and conditions (this “Pager Agreement”). Please read this Pager Agreement carefully before accessing or using the Services.
By accessing or using the Services, you agree to bound by this Pager Agreement as posted and accessible through the Pager Services at the time of your access or use and to use the Services in accordance with the terms and conditions of this Pager Agreement, our Privacy Policy and any additional terms and conditions that are referenced herein or that otherwise may apply to specific features of the Services, or to products or services that we make available to you through the Services (all of which are deemed part of this Pager Agreement). If you do not agree to the terms set forth in this Pager Agreement, you may not use the Services.
Pager Health reserves the right to modify this Pager Agreement in the future, effective upon posting. We will update the “Last Revised” date, below, to reflect the date of the changes. You agree to review this Pager Agreement each time you use the Services so that you are aware of any modifications made to this Pager Agreement. By continuing to access or use the Services after we post such changes, you agree to the terms of this Pager Agreement, as modified.
NO MEDICAL SERVICES ON THE PAGER SERVICES; NOT FOR USE IN EMERGENCIES
Pager Health is designed to offer information and a means to enable you to obtain telemedicine services (“Telemedical Care”) for common medical conditions by facilitating the connection between you and Providers through the use of Pager Services. For the avoidance of doubt, the capitalized word “Services” as used in this Agreement refers only to our interactive services and related content and does not refer to the Telemedical Care that users receive from the Providers. None of the Pager Services content should be considered medical advice or an endorsement, representation, or warranty that any particular medication or treatment is safe, appropriate, or effective for you.
PAGER HEALTH IS NOT ENGAGED IN THE PRACTICE OF MEDICINE OR ANY OTHER LICENSED PROFESSION AND DOES NOT PROVIDE (OR INTERFERE WITH THE PROVISION OF) MEDICAL SERVICES. THE PROVIDERS ARE EACH RESPONSIBLE FOR THE PROFESSIONAL SERVICES THEY PROVIDE AND COMPLIANCE WITH THE REQUIREMENTS APPLICABLE TO THEIR PROFESSION AND LICENSE. THE PROVIDER WITH WHICH YOU ESTABLISH A TREATMENT RELATIONSHIP IS SOLELY RESPONSIBLE FOR PROVIDING YOU WITH MEDICAL SERVICES. WE ONLY ACT AS A TECHNOLOGY PLATFORM TO CONNECT YOU WITH HEALTH CARE PROFESSIONALS WHO MAY BE INTERESTED IN PROVIDING YOU WITH MEDICAL SERVICES.
NEVER DISREGARD, AVOID OR DELAY IN OBTAINING MEDICAL ADVICE FROM YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER BECAUSE OF SOMETHING YOU HAVE READ THROUGH OUR SERVICE. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, YOU MAY USE THESE SERVICES TO TRY TO CONTACT A NEARBY QUALIFIED HEALTH CARE PROFESSIONAL. HOWEVER, IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911 FOR EMERGENCY MEDICAL HELP OR GO TO THE NEAREST EMERGENCY ROOM.
To the extent the member is under the age of 13, you represent you are the member’s parent or legal guardian and are duly authorized under state law to act on behalf of the minor. All references to “you” shall be deemed to include the minor member where such reference applies to the individual receiving care or treatment.
CONSENT TO TELEMEDICAL CARE
Telemedicine involves the use of audio, video or other electronic communications between members and health care providers for the purposes of diagnosis, therapy, appointment scheduling, follow-up, advice and/or education. During your Telemedical Care consultation with your Provider (which may be a physician, physician assistant, nurse practitioner, or a nurse providing services under the supervision of a physician, physician assistant, or nurse practitioner), details of your medical history and personal health information may be discussed with you or other Providers through the use of interactive video, audio or other telecommunications technology.
Telemedicine has many benefits, including:
- Improved access to medical care by enabling a member to remain in his/her location while the Provider may provide care from a distant site.
- More efficient medical evaluation and management
There are possible risks to using telemedicine, though, including:
- Delays in medical evaluation/treatment recommendations could occur due to deficiencies or failures of the electronic equipment;
- In rare instances, security protocols could fail, causing a breach of privacy of personal medical information;
- In rare cases, a lack of access to all of your medical records may result in adverse drug interactions or allergic reactions or other judgment errors.
By receiving Telemedical Care from Providers, you acknowledge that you understand and agree to the following:
- You may expect the anticipated benefits from the use of telemedicine in your care, but no results can be guaranteed.
- The Providers will not issue any prescriptions for medications, but may recommend over-the-counter treatments.
- It is your responsibility to provide the Providers with complete and accurate information, as the Providers will rely on this information in rendering clinical advice to you.
- The laws that protect the privacy and security of health information apply to telemedicine, and that no information obtained in the use of telemedicine which identifies you will be disclosed to researchers or other entities without your authorization.
- You have the right to withdraw your consent to the use of telemedicine in the course of your care at any time.
- You have the right to inspect all information obtained and recorded in the course of a telemedicine interaction, and may receive copies of this information subject to applicable law.
- A variety of alternative methods of medical care may be available to you, and you may choose one or more of these at any time. Your Provider will explain the alternative(s) to your satisfaction.
- Telemedicine may involve electronic communication of your personal medical information to other medical practitioners who may be located in other areas, including out of state.
- It is your duty to inform your Provider of electronic interactions regarding your care that you may have with other healthcare providers.
- As applicable to the Services available to you, you consent to receiving protected health information via email or SMS text messaging and understand messages through these communication channels may not be secure.
Understanding the Connection Between the Pager Services and Your Medical Record at Baptist Health
- Nurse chats from your Telemedical Care will be securely transmitted to Baptist Health for retention in your medical record.
- If you do not have a medical record with Baptist Health, one will be established for you.
- You can secure a copy of this information through the various avenues described at https://www.baptist-health.com/patients-visitors/medical-records and in the Baptist Health Notice of Privacy Practices.
- Information in your medical record will be retained and released as specified in Baptist Health policy.
How to Use Pager Services
You have to be 13 years of age or older and reside in a jurisdiction in which we offer Pager Services to use the Pager Services.
You will be able to select the Provider of your choice, and the Pager Services then sends a message to the Provider asking whether they are willing and able to provide you with the requested healthcare services. We make no representation or warranty to you any Provider will be available to perform health care services.
Your Use of the Services
You represent and warrant that the information you provide to us is accurate and complete. You acknowledge and agree that we are entitled at all times to verify the information provided and to deny your use of the Services at any time for any reason or no reason. You may only access the Services using authorized means. It is your responsibility to check to ensure you download the correct Pager Services for your device. We are not liable if you do not have a compatible device or if you download the wrong version of the Pager Services for your device.
By accessing or using the Services, you further agree that:
- You will only use the Services for your sole, personal use and you will not resell them to a third party;
- You will not copy or distribute the Services or other Services content;
- You will not upload or transmit any communications or content of any type that infringes or violates any rights of any party;
- You will not use the Services for any purpose in violation of local, state, federal or international laws;
- You will not use the Services as a means to distribute advertising or other unsolicited material to any third party;
- You will not impersonate another person;
- You will not post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by us in our sole discretion;
- You will comply with all applicable third party terms of agreement when using the Services (e.g., your wireless data service agreement);
- You will ensure that no unauthorized person shall have access to your mobile device or your credentials used to access the Pager Services;
- You will not assign or otherwise transfer your account to any other person or entity;
- You will not try to harm the Services or impair the proper operation of the network in any way whatsoever; and
- You will provide us with whatever proof of identity we may request.
We reserve the right to immediately terminate your use of the Services should you fail to comply with any of the foregoing rules.
Intellectual Property Ownership
Pager Health alone (and its licensors, where applicable) shall own all right, title and interest, including all intellectual property rights, in and to the Services and any suggestions, ideas, enhancement requests, feedback, recommendations. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of or created from the Services shall be owned solely and exclusively by Pager Health, and/or, as applicable, Pager Health’s third-party vendors, as shall any and all patent rights, copyrights, trade secret rights, trademark rights, and all other proprietary rights, worldwide therein and thereto, and you hereby assign to Pager Health any and all of your rights, title or interests in the Services or any modification to or derivative work of the Services. You shall not remove or authorize or permit any third party to remove any proprietary rights legend from the Services.
The materials on the Services are copyrighted by us and/or other applicable rights holders. You may download and reprint a single copy of the materials from the Services for your own personal, noncommercial use only, provided that you keep intact all credits and copyright and other proprietary notices. Any other use of the materials is strictly prohibited without our prior written permission and the permission of the applicable rights holder(s).
Pager Services License
Subject to your compliance with the terms and conditions of this Pager Agreement, Pager Health grants you a limited, non-exclusive, non-transferable license to download and install a copy of the Pager Services on a mobile device that you own or control and to run such copy of the Pager Services solely for your own personal use.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Pager Services in any way; (ii) modify or make derivative works based upon the Pager Services; (iii) reverse engineer or access the Pager Services in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Pager Services, or (c) copy any ideas, features, functions or graphics of the Pager Services; or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services.
Disclaimer
THE SERVICES AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. ANY ACCESS TO OR USE OF THE SERVICES IS VOLUNTARY. WE WILL REGARD ALL ACCESS OR USE AS VOLUNTARY AND AT THE SOLE RISK OF THE USER.
Pager and Baptist do not control, supply, endorse, warrant or guarantee any information, products, services or merchandise supplied by any of the Providers that you may connect with via the Services.
We also do not warrant or guarantee that files that may be available for downloading through the Services will be free of infections or viruses, worms, Trojan horses or other code that contains contaminating or destructive properties.
Pager, Baptist, and our technology service providers, cannot and do not guarantee or warrant against errors, omissions, delays, interruptions or losses, including loss of data. You download and use the Services at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the Services.
PAGER AND BAPTIST DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICES, OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICES (INCLUDING ANY CONSULTATIONS OR OTHER SERVICES YOU MAY OBTAIN FROM PROVIDERS). WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH THE SERVICES. WE MAKE NO WARRANTY OR GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THEM.
Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL PAGER HEALTH OR BAPTIST BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THIS AGREEMENT, OR THE USE OF, OR THE INABILITY TO USE, THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR DATA MADE AVAILABLE THROUGH THE SERVICES OR ANY SERVICES PERFORMED BY ANY PROVIDERS THAT YOU CONNECT WITH VIA THE SERVICES (INCLUDING CLAIMS OF MEDICAL MALPRACTICE AGAINST THOSE PROVIDERS), EVEN IF WE OR BAPTIST ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN THE MAXIMUM LIABILITY OF PAGER HEALTH AND BAPTIST FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND MEDICAL MALPRACTICE), OR OTHERWISE) OF EVERY KIND ARISING OUT OF THIS PAGER AGREEMENT WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATION OF LIABILITY OF PAGER HEALTH WILL COVER, WITHOUT LIMITATION, ANY TECHNICAL MALFUNCTION, COMPUTER ERROR OR LOSS OF DATA, AND ANY OTHER INJURY, ARISING FROM THE USE OF THE SERVICES.
Indemnification
You agree to indemnify and hold harmless Pager Health, Pager Health’s affiliates, Baptist and each of its and their respective directors, officers, managers, employees, shareholders, agents, representatives, licensors, successors and assigns from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of your use of the Services, violation of this Pager Agreement by you or any other person using your account, or your violation of any rights of another. We reserve the right to control the defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us.
Modifications to, or Discontinuation of, the Services
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services, or any portion thereof, with or without notice. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of the Services or any portion thereof.
Privacy
Your use of the Services is subject to Pager Health’s Privacy Policy found at https://www.pager.com/privacy, which is incorporated by reference into this Agreement. Please review this policy so you understand what information we collect through the Services, how we use it, how we secure it, and when we may share it.
Miscellaneous
This Pager Agreement constitutes the entire agreement between us and you with respect to the subject matter hereof. This Pager Agreement will be governed by and construed in accordance with the laws of the State of Arkansas, without regard to any conflicts of law provisions contained therein.
This Pager Agreement is personal to you and you may not assign it to anyone. If any provision of this Pager Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Pager Agreement and will not affect the validity and enforceability of any remaining provisions. This Pager Agreement is not intended to benefit any third party, and does not create any third party beneficiaries. Accordingly, this Pager Agreement may only be invoked or enforced by you or us. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Services or this Pager Agreement must be filed by you within one year after such claim or cause of action arose or be forever barred. Any and all provisions of this Pager Agreement that would reasonably be expected to be performed after the termination or expiration of this Pager Agreement shall survive and be enforceable after such termination or expiration including, without limitation, provisions relating to ownership, indemnification, limitation of liability and governing law.
Last Revised: December 2024
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