© 2022 Quest Health PRM Services
PLEASE READ THE FOLLOWING CAREFULLY. This is a legally binding agreement between you as a user of the Quest Health RPM Services website located at URL https://questhealthrpm.com/ (the “Site”) (“user” or “you”).
BY ACCESSING OR USING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THE AGREEMENT AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE (“TERMS”). IF YOU HAVE NOT READ THESE TERMS, DO NOT UNDERSTAND THESE TERMS OR DO NOT AGREE TO BE BOUND BY THESE TERMS, OR YOU ARE NOT ABLE TO CONSENT TO BE BOUND BY THESE TERMS (E.G., IF YOU ARE NOT OF AGE TO ENTER INTO A BINDING LEGAL CONTRACT), DO NOT USE OUR SITE.
NOTE THAT DISPUTES ABOUT THESE TERMS OR RELATING TO THE SITE MUST BE RESOLVED BY BINDING ARBITRATION AND ON AN INDIVIDUAL BASIS ONLY. See Section 20 for more details.
The Site provides information and resources regarding our Remote Patient Monitoring solutions. The specific features and functionality of the Site are dynamic and may change from time to time. We reserve complete and sole discretion with respect to the operation of our Site. We reserve the right to change terms and warranties without notice. We also reserve the right to withdraw, suspend, or discontinue any functionality or feature of our Site at any time.
Anyone who accesses or uses our Site is a “user.” These Terms set forth your rights and obligations as a user with respect to your access to and use of our Site and use of any and all information or data of any kind arising from your access to, or use of, our Site, including, without limitation, any text, graphics, sound recordings, audio, video, and artwork.
We reserve the right, at our sole discretion, to change these Terms from time to time, without prior notice (as further described in Section 18 below). You should review these Terms each time you access our Site. Your access to our Site is deemed to be your acceptance of these Terms, and any changes thereto, in place at the time you access the Site. These Terms are legally binding on you and your use of the Site.
By submitting a telephone number to Quest Health RPM, you agree that a representative of Quest Health RPM, or a third party acting on its behalf, can contact you at the number you provide, potentially using automated technology (including texts/SMS messaging) or a pre-recorded message. Your consent is not an obligation to receive any of our products and/or services. By submitting an email address to Quest Health RPM, you agree to receive promotional emails and/or other communications from Quest Health RPM, to unsubscribe from promotional emails, you can do so by following the unsubscribe instructions/hyperlink in the email you receive.
If you are accessing or using our Site on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized (a) to accept these Terms on its behalf and (b) to bind such business, organization, or entity to these Terms.
The Site is not intended or authorized for use by persons under the age of eighteen (18). By using the Site, you represent and warrant that you are eighteen (18) years of age or older and that you agree to and agree to abide by all of the terms and conditions of the Agreement. If we believe that you are under the age of eighteen (18) or that you are not able to consent to and be legally bound by these Terms, we may, at any time, in our sole discretion, and with or without notice: (i) terminate your access to or use of the Site (or any portion, aspect, or feature of it), or (ii) delete any content or information that you have posted through the Site.
We reserve the right to deny access to our Site at our discretion and for any reason, including any breach of these Terms by you or through your account (as applicable).
A possibility exists that the Site could include inaccuracies or errors and that additions, deletions, and alterations could be made to the Site by unauthorized third parties. Although we attempt to maintain the integrity of the Site, we make no guarantees as to the completeness, correctness, or accuracy of the Site or any of the content on the Site. If you believe any portion of our Site includes an error or inaccuracy, please notify us. All prices, quotes, or service offerings listed on the Site are subject to change. Such prices, quotes, or service offerings may be available for a limited time only, may only be available with additional purchases, or may not apply to you. Neither Quest Health RPM nor its customers or advertisers on the Site are bound by any such prices, quotes, or service offerings.
As between you and Quest Health RPM, Quest Health RPM owns and retains all proprietary rights in the Site and its content. The Site contain proprietary content and information of Quest Health RPM and its customers, advertisers, and licensors (such materials and content includes, but is not limited to, the design, layout, artwork and other elements of the Site and any text, audio, video, logo, information, data, software, documentation, services or any other materials contained on the Site) (“the Content”) and is protected by copyright and other intellectual property laws. You may view, download, print, and copy the Content on the Site for your own personal, informational use, provided that (i) you do not modify the Content and (ii) you retain all copyright and propriety notices originally contained in the Content on any copies. Nothing herein shall be construed as granting any license or right to use the Site or any materials contained on the Site, including any of the Content, except as expressly provided herein. You acknowledge that we will strictly enforce our intellectual property rights with respect to the Content to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution.
Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you to us with respect to the Site shall remain the sole and exclusive property of Quest Health RPM. We shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without credit or compensation to you. By submitting such Suggestions, you consent to such use by Quest Health RPM.
In connection with the use of our Site, you may not:
We may, at our sole discretion, permit users to post, upload, publish, submit, or transmit photos, diagrams, text, testimonials, reviews, videos, sounds, images, or information (collectively, “User Content”). By making available any User Content on or through the Site, you hereby grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through or by means of the Site. We do not claim any ownerships rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit such User Content. You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Site or you have all rights, licenses, consents, and releases that are necessary to grant to us the rights in such User Content, as contemplated under these Terms; (ii) neither the User Content nor your posting, uploading, publication, submission, or transmittal of the User Content or our use of the User Content (or any portion thereof) on, through or by means of the Site will infringe, misappropriate, or violate a third-party's patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation, and (iii) all User Content complies with the permitted uses enumerated above in Section 9 of these Terms. In addition, you agree that we may review or monitor this User Content and may remove or alter any materials that you submit in its sole discretion at any time for any reason.
Our Site may refer to physical venues, geographical sites, websites on the Internet, and/or products or services that are not under the control of or maintained by us (“Third Party Properties”). Unless expressly stated to the contrary, such references do not constitute an affiliation with or endorsement by us of any such Third Party Properties. You acknowledge that we are providing any references to such Third Party Properties to you solely as a convenience to you, and you agree that we are not responsible for any injury, harm, damages, or negative experience you may encounter by accessing, visiting, or using such Third Party Properties. We do not endorse or make any representations about any Third Party Properties. If you access, visit, or use any Third Party Properties referred to on our Site, you do so at your own risk.
Our Site may contain materials submitted by third parties. Any such materials are provided solely as a convenience to you. We require that any content, materials, or advertising submitted to the Site by its customers be truthful, non-deceptive, and backed by evidence. However, unless expressly stated to the contrary, we have not tested or evaluated these materials and does not endorse or make any representations about these materials or your use thereof. We are not responsible for such materials. If you use any of the third party materials, you do so at your own risk. In no event shall we be liable for any loss, claim, damages, or costs that may arise in connection with your use of these materials.
Any Third Party hyperlinks furnished on our Site may allow you to leave our Site. These third party websites are not under our control and we disclaim any responsibility for the contents of such linked websites or any hyperlink(s) contained in any such linked website(s) or any changes or updates to any of these websites. We further disclaim any responsibility for any form of transmission received from any linked third party website or advertising. We provide these links to you as a convenience to you and inclusion of any hyperlink herein shall in no way be construed as an endorsement by us of the website(s).
It is not possible to operate our Site with 100% guaranteed uptime. We will make reasonable efforts to keep our Site operational. However, certain technical difficulties, routine site maintenance and upgrades, and other events may, from time to time, result in interruptions to or outages of our Site. In addition, we reserve the right at any time, and from time to time, to modify or discontinue (on a temporary or permanent basis) certain functions of our Site, with or without notice. You agree that we shall not be liable to you or to any third party for any direct or indirect consequence of any modification, suspension, discontinuance of, or interruption to our Site.
YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF OUR SITE IS AT YOUR SOLE RISK. OUR SITE IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING (A) OUR SITE; AND (B) ANY PRODUCTS AND SERVICES OFFERED THROUGH OUR SITE, OR ANY PORTION THEREOF, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS, OR SERVICES DISPLAYED ON OR OFFERED THROUGH OUR SITE ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT OUR SITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO AND USE OF OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL Quest Health RPM OR ANY OF ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNEES BE LIABLE TO YOU OR ANY OF YOUR PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNEES FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN CONTRACT, EQUITY, TORT, OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, AND STRICT LIABILITY IN TORT), INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM DELAY, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO DATA, INTERRUPTION IN USE OR AVAILABILITY OF DATA, LOSS OF USE OF MONEY OR USE OF PRODUCTS, LOST PROFITS, REVENUE OR SAVINGS (ACTUAL OR ANTICIPATED), OR OTHER ECONOMIC LOSS ENSUING FROM OR IN CONNECTION WITH (A) THE SITE; OR (B) ANY PRODUCTS AND SERVICES OFFERED THROUGH THE SITE, OR ANY PORTION THEREOF, EVEN IF WE OR ANY OF OUR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
IF, DESPITE THE FOREGOING LIMITATION OF LIABILITY FOR DAMAGES, A COURT OR OTHER TRIBUNAL OF COMPETENT JURISDICTION DECIDES TO AWARD MONETARY DAMAGES TO YOU FOR ANY CLAIM OR CAUSE OF ACTION ARISING FROM THE SAME, THE AMOUNT OF MONETARY DAMAGES FOR SUCH CLAIM OR CAUSE OF ACTION SHALL BE NO GREATER THAN ONE HUNDRED U.S. DOLLARS ($100).
YOU UNDERSTAND AND AGREE THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR IN CONNECTION WITH AND USE OF THE SITE. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS QUEST HEALTH RPM, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ALL CLAIMS, DEMANDS, LAWSUITS, DAMAGES, LIABILITIES, LOSSES, COSTS, OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE FEES AND DISBURSEMENTS OF COUNSEL AND COURT COSTS), JUDGMENTS, SETTLEMENTS, AND PENALTIES OF EVERY KIND ARISING FROM OR RELATING TO YOUR USER CONTENT, ANY VIOLATION OF THIS AGREEMENT, AND ANY ACTIVITY RELATED TO YOUR USE OF THE SITE.
You agree that we may, in its sole discretion and without prior notice, terminate your access to or use of any of our Site at any time and for any reason, with or without cause.
We take copyright violation very seriously and will vigorously protect the rights of legal copyright owners. We may remove material from the Site that appears in our sole discretion to infringe upon the intellectual property rights of others, and we will terminate the access rights of any repeat infringer. If you believe a work protected by a U.S. copyright you own has been posted on this Site without authorization, you may notify our copyright agent, and provide the following information:
To notify us of claimed copyright infringement, please contact us at firstname.lastname@example.org or 7401 Wiles Rd #139, Coral Springs, FL 33067.
At any time and in our sole discretion, we may add, delete, or modify these Terms or the Site or any functionality provided through the Site. Should you deem any such addition, deletion, or modification to these Terms unacceptable, you shall stop accessing, and/or using the Site. All changes to these Terms shall be effective immediately.
We may also from time to time provide enhancements or improvements to the features and/or functionality of the Site, which may include patches, bug fixes, updates, upgrades, and other modifications (“Updates”). All Updates are subject to the terms and conditions of these Terms. Updates may modify or delete certain features and/or functionalities of the Site. You acknowledge and agree that we have no obligation to (i) provide any Updates; or (ii) continue to provide or enable any particular features and/or functionalities.
The parties agree that, except as otherwise provided below, they shall first attempt to resolve any dispute, claim or controversy relating in any way to these Terms (a “Dispute”) between an officer/representative of each party who has authority to resolve the Dispute. If any Dispute cannot be settled in this manner within sixty (60) days of written notice being served by a party on the other party, the parties agree that the Dispute may be settled by arbitration in accordance with the JAMS Arbitration Association ("Rules") in Atlanta, Georgia, with judgment upon the award rendered by the arbitrator to be entered in any court of competent jurisdiction. Any arbitrator selected pursuant to the Rules will conduct arbitration and the arbitrators will have a background or training in smart medical devices and medical software applications, contract law and intellectual property. The arbitrators may award attorneys' fees and costs to the prevailing party. Notwithstanding the foregoing, either party may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim, conservatory or equitable relief, as necessary, without breach of these arbitration terms and without any abridgment of the powers of the arbitrator(s).
Notwithstanding the foregoing, you agree that any violation by you of these Terms will constitute an unlawful and unfair business practice that will cause irreparable harm to us for which monetary damages would be inadequate. You consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances, without the need for a bond. These remedies are in addition to any other remedies we may have at law or in equity.
Any action related to the Agreement will be governed by the laws of the State of Florida, without regard to the choice or conflicts of law provisions of any jurisdiction. You and Quest Health RPM agree and consent that jurisdiction, proper venue, and the most convenient forums for all claims, actions, and proceedings of any kind relating to the Site or these Terms that are not submitted to arbitration will be exclusively in the federal or local courts with jurisdiction over Broward County, Florida.
If we do take any legal action against you as a result of your violation of these Terms, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to us. You agree that we will not be liable to you or to any third party for termination of your access to, or use of, the Site as a result of any violation of these Terms or for any reason at all.
No action arising out of these Terms or your access to or use of our Site, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose) and you hereby waive any longer statute of limitations that may be permitted by law.
We may elect to monitor areas of the Site by electronic or other means and may disclose any content, records, or electronic communication of any kind if such disclosure is necessary or appropriate in our discretion (i) to satisfy any law, regulation, or government request; (ii) to operate the Site; or (iii) when we have reason to believe that someone is causing injury to or interference with our rights or property, other users of the Site or anyone else that could be harmed by such activities. We are not responsible for screening, policing, editing, or monitoring such content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive content, we may investigate the allegation and determine in our sole discretion whether to remove or to request the removal of such content from the Site.
We may terminate your access, or suspend your access, to all or part of the Site, without prior notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to our interests or the interests of another user, or other third parties.
Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer. In addition, we reserve the right to cancel any order or part of an order, or refuse service to anyone, for any reason. Such reasons may include, but are not limited to, unauthorized coupon use, product availability, and price discrepancy or pricing error. We reserve the right to charge fees or extra shipping charges for any product that is backordered. We also reserve the right to change the terms of any offer or promotion at any time without notice. The posting of prices on our Site is not an offer for sale of goods, and the order confirmation is not an acceptance of an offer to purchase goods. We cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. The contract for sale of goods between us and any customer is not entered into until we charge a valid credit card or otherwise accept payment.
Unless otherwise specified herein, these Terms constitute the entire agreement between you, a user, and us with respect to the Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us with regard to the Site. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. No failure or delay in enforcing any provision, exercising any option, or requiring performance, shall be construed to be a waiver of that or any other right in connection with these Terms. You may not assign, by operation of law or otherwise, any rights or delegate any duties under these Terms to any third party without prior written consent by us. Any purported assignment lacking such consent will be void at its inception. We may assign all or part of its rights and/or delegate all or part of its duties under these Terms to any party, at any time, and in its sole discretion, upon notice of assignment by posting such notice on the Site.Our Contact Information