COHC SMBP Terms of Service

Welcome to the Terms of Service for the COHC SMBP Program Application. The COHC SMBP Program Application is developed by Paul Mesa. Please read these Terms of Service carefully before using the COHC SMBP Program Application. By accessing or using the COHC SMBP Program Application, you agree to be bound by these Terms of Service (this “Agreement”). Throughout the Agreement, “COHC SMBP Program Application” refers to the services offered through the COHC SMBP Program Application, namely entry and visualization of your blood pressure data.

1. No Medical Advice 

The COHC SMBP Program Application does not offer medical advice. Any services or content provided or accessed through the COHC SMBP Program Application are for clerical and informational purposes only. Please consult your COHC 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 COHC SMBP Program Application. Call 911 or your doctor for all medical emergencies. PAUL MESA IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU MAY OBTAIN THROUGH THE COHC SMBP PROGRAM APPLICATION. 

2. Your Account and your Use of the COHC SMBP Program Application

You must provide accurate and complete registration information any time you register to use the COHC SMBP Program Application. It is your responsibility to provide us with a true, accurate and complete e-mail address, physical mailing address, and other information related to your account(s), and to maintain and update promptly any changes in this information. You are responsible for maintaining the confidentiality and security of your password and account, and you are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify COHC of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Paul Mesa shall not be liable for any loss or damage arising from your failure to comply with these Terms of Service. To protect your confidential healthcare information, it is good practice to enable a touch ID, fingerprint ID or passcode on your smartphone. The following actions are expressly prohibited in relation to your user name and password: Sharing, disclosing, permitting access to or otherwise facilitating the use by any person of your user name and password; Using the username and password to cache the COHC SMBP Program Application in such a manner as to be accessible by persons who have not registered with COHC; or Using the username and password to permit multiple persons access to the COHC SMBP Program Application through a local or wide area network. If you have forgotten your user name or password, We will use an email address provided by you to send your user name or temporary password. You understand that others using the same email address will be able to gain access to your account information. Your use of the COHC SMBP Program Application and any content accessed through the COHC SMBP Program Application 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 COHC SMBP Program Application, or you must be the legal guardian for someone under age 18 whose data is accessed through the COHC SMBP Program Application. You may not interfere with or disrupt the proper operation of the COHC SMBP Program Application. If you use 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. 

3. Use of your Information/Privacy Policy/Feedback 

If you create, transmit, or display information while using the COHC SMBP Program Application, you may provide only information that you own or have the right to use. COHC will only use information you provide as permitted by the COHC Program Application Privacy Policy (the “Privacy Policy”) and applicable law. The purpose of the Privacy Policy is to identify the information We collect, the steps We take to protect it and your choices regarding how that information is used. In addition, when COHC SMBP Program Application is acting as a covered entity or business associate under the Health Insurance Portability and Accountability Act (HIPAA), the Privacy Policy applies to those services. If You provide suggestions, ideas, feedback, or recommendations (“Feedback”) to COHC SMBP Program Application, we will be free to use, disclose, reproduce, license, or otherwise distribute, and utilize the Feedback as Paul Mesa sees fit, without an obligation or restriction of any kind to You. 

4. Intellectual Property 

The COHC SMBP Program Application is owned by Paul Mesa. We grant to you, for your personal purposes only, a nonexclusive, limited and revocable right to access and use the COHC SMBP Program Application during the duration of the COHC’s SMBP Program, so long as you comply with the terms of this Agreement. You agree not to use the COHC SMBP Program Application for any other purpose, including commercial purposes, such as co-branding, framing, linking, or reselling any portion of the COHC SMBP Program Application without Our prior written consent. All materials available through the COHC SMBP Program Application may be accessed, downloaded or printed for the noncommercial purpose and solely within the scope allowable by this Agreement. No other use of these COHC SMBP Program Application materials may be made without express written permission of Paul Mesa. Any unauthorized use of the words or images from the COHC SMBP Program Application may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes. 

5. Right to Change Terms of Service 

Paul Mesa 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 of Service. You agree to review the Terms of Service periodically and use of the COHC SMBP Program Application following any such change constitutes your agreement to follow and be bound by this Agreement as amended. 

6. Computer Equipment; 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 COHC SMBP Program Application effectively. 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 COHC SMBP Program Application, and for the transmission and receipt of information using such Systems. You acknowledge that you have requested access to the COHC SMBP Program Application for your convenience, have made your own independent assessment of the adequacy of the 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. 

7. Content and Services Accessed through the COHC SMBP Program Application

You may choose to allow a third-party service provider (in this case, a health care provider from COHC) to retrieve, provide, modify or otherwise use health and other information in your account or otherwise share your information with the service provider. Once you enable a specific third-party service provider to access your account, such service provider may continue to access your account until you affirmatively disable access. For the purposes of this application, third-party service providers are health care providers. It is your sole responsibility to review and approve each such third-party service before sharing your information through or otherwise accessing it. USE OF THESE SERVICES AND RELIANCE ON THIS CONTENT IS SOLELY AT YOUR OWN RISK. PAUL MESA MAY NOT BE HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF ANY THIRD-PARTY SERVICE OR CONTENT. 

8. Links to Other Sites 

The COHC SMBP Program Application 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 COHC SMBP Program Application 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, PAUL MESA DOES NOT ACCEPT ANY LIABILITY ARISING OUT OF ANY ALLEGATION THAT ANY THIRD PARTY-OWNED CONTENT (WHETHER PUBLISHED ON THE COHC SMBP PROGRAM APPLICATION, OR ANY OTHER WEBSITE) 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 click on links to third party sites from COHC SMBP PROGRAM APPLICATION, you should consult the policy statements of each site you visit. 

9. Disclaimer of Warranty; Limitation of Liability 

THE COHC SMBP PROGRAM APPLICATION IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. PAUL MESA, ITS CLIENTS AND ITS SUPPLIERS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE INFORMATION, SERVICES AND MATERIALS CONTAINED ON THE COHC SMBP PROGRAM APPLICATION, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOUR USE OF THE COHC SMBP PROGRAM APPLICATION IS AT YOUR OWN RISK. ACCESS TO THE COHC SMBP PROGRAM APPLICATION MAY BE INTERRUPTED AND INFORMATION, SERVICES AND MATERIALS MAY NOT BE ERROR-FREE. NONE OF PAUL MESA, ITS CLIENTS, ITS SUPPLIERS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING COHC SMBP PROGRAM APPLICATION 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 COHC SMBP PROGRAM APPLICATION; 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, COHC SMBP PROGRAM APPLICATION, OR YOUR INABILITY TO USE THE COHC SMBP PROGRAM APPLICATION FOR ANY REASON. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE COHC SMBP PROGRAM APPLICATION WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS. 

10. Indemnification 

You agree to indemnify, defend and hold harmless Paul Mesa, its clients and its suppliers and their respective affiliates, employees, officers, directors, agents, servants and representatives of each from any liability, loss, claim, suit, damage, and expense (including reasonable attorneys’ fees and expenses) related to (i) your violation of this Agreement, (ii) your use of the COHC SMBP Program Application, and/or (iii) your posting of material to the COHC SMBP Program Application. 

11. Applicable Law 

This Agreement and the resolution of any and all disputes related to this Agreement shall be construed in accordance with the laws of the State of Wisconsin. Any dispute between Paul Mesa and you related to this Agreement shall be resolved exclusively by the state and federal courts of the State of Wisconsin. The COHC SMBP Program Application can be accessed from the United States. Since the laws of each State or country may differ, you agree that the statutes and laws of the State of Wisconsin, without regard to any principles of conflicts of law, will apply to any and all matters relating to the use of the COHC SMBP Program Application. The COHC SMBP Program Application will be provided by COHC SMBP Program Application without regard to your race, national origin, sex, veteran status, age, disability, diagnosis or religious affiliation. 

12. Modification and Termination

Paul Mesa 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 COHC SMBP Program Application violates applicable laws or is harmful to the interests of COHC SMBP Program Application or any other users. Paul Mesa also may place limits on, modify, suspend or terminate the COHC SMBP Program Application generally, and may suspend or terminate your use of the COHC SMBP Program if you fail to comply with this Agreement. This suspension or termination may delete your information, files, and other previously available content. If Paul Mesa terminates the COHC SMBP Program Application or your use of the COHC SMBP Program Application, this Agreement will also terminate, but Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 17 shall continue to be effective after this Agreement is terminated. 

13. Rights and Responsibilities 

(a) As a user of the COHC SMBP Program Application, you have the following rights in addition to all other terms as stated herein: (i) to have one’s property and person treated with respect, consideration, and recognition of client/member dignity and individuality; (ii) to receive considerate, respectful and compassionate service regardless of your age, gender, race, national origin, religion, sexual orientation, gender identity, or disabilities; to be free from mistreatment, neglect, or verbal, mental, sexual, and physical abuse, including injuries of unknown source, and misappropriation of client/member property; (iii) to appoint a designee, if you so desire, to speak on your behalf and to make decisions on your behalf as it pertains to your usership of the COHC SMBP Program Application; (iv) to request restrictions on certain uses and disclosures of protected health information with the understanding that COHC SMBP Program Application is not required to agree to a requested restriction after review of the request; (v) to inspect and copy protected health information; (vi) to receive an accounting of protected health information disclosures; (vii) to request amendment of protected health information; (viii) to make informed decisions about your care, including receive information about the COHC SMBP Program Application, staff qualifications, any changes to the COHC SMBP Program Application and any potential risks for discontinuing use of the COHC SMBP Program Application; (xi) to be notified by Paul Mesa in advance when the COHC SMBP Program Application will be discontinued and the reason why; (ix) to opt out or cancel use of COHC SMBP Program Application at any time; (x) to voice grievances/complaints, via the contact information listed below, regarding treatment or care or lack of respect of property, or recommend changes in policy, personnel, or care/service without restraint, interference, coercion, discrimination, or reprisal and without fear of termination of the COHC SMBP Program Application; to have grievances/complaints regarding treatment or care that is (or fails to be) furnished, or lack of respect of property investigated. and (xi) to be notified of contact information for User Support by email at cohc-smbp-program-application@googlegroups.com. (c) As a member in the COHC SMBP Program Application, you have the following responsibilities in addition to all other terms as stated herein: (i) to provide complete and accurate information; (ii) to provide complete and accurate information about your health, if and when it is required; (iii) to ask questions when you do not understand information or instructions; (iv) to actively participate in the management of your health; (v) to treat all COHC SMBP Program Application staff with courtesy and respect and abide by all COHC SMBP Program Application guidelines. 

14. General Legal Terms 

This Agreement is the entire agreement between you and Paul Mesa related to the COHC SMBP Program Application. 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. 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. 

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