The privacy of your personal information is important to us and Personal Health Cloud will strive to protect it. We have provided our policy to communicate our commitment to you and your privacy. PersonalHealthCloud.com is a service of Personal Health Cloud Inc. (All references to Personal Health Cloud apply to the Personal Health Cloud site and to the organization Personal Health Cloud Inc.) Personal Health
1. Protection of Your Medical PrivacyPersonal Health Cloud does not provide any medical data that you enter on the site or that we obtain from your medical providers to unaffiliated third parties without your authorization. Your account features security measures that include encryption of your health data and password protection for access. You are responsible for managing the sharing of your user name and password. Personal Health Cloud will not provide access to your account to any unaffiliated third party, except where that user has been provided a user name and password by you. Any third party to whom you provide access will have the ability to read and/or manage the data in your account. It is your responsibility to manage the creation and sharing of passwords to insure only authorized users have access to your account.As a Member of PersonalHealthCloud.com, you grant us access to your account, including the ability to manage and view medical data to maintain your account. Personal Health Cloud requires this access in order to update your account with medical records or to make changes to correct issues you may report to us.
2. Information Collection and UseOur primary goals in collecting information are to provide and improve our Site, services, features and content, to administer your membership (together, the “Service”) and to enable users to navigate the Site.
(a) Personally Identifiable Information(i) When you register with us through the Site, we will ask you for personally identifiable information. This refers to information about you that can be used to contact or identify you (“Personal Information”). Personal Information includes, but is not limited to your name and email address. We will use your Personal Information to create a Personal Health Cloud account (“Account”) and you will become a member of Personal Health Cloud (“Member”). We use your Personal Information mainly to provide the Service and to administer your Account and inquiries. Some “Members” have free accounts that are updated by the user, others have accounts, where some data is updated by Personal Health Cloud. (Members with this service may be referred to as “Subscribers”.)(ii) As a Personal Health Cloud Member or Subscriber who has registered for the Service, we collect your Personal Information primarily in order to associate your personal accounts with medical records that you upload or transmit or we obtain on your behalf from third party health providers (e.g. your doctor or hospital). By providing Personal Health Cloud with the Personal Information required to identify you and/or members of your family, you understand that Personal Health Cloud will access, retrieve and store content from your medical providers (“Healthcare Information”) in order to make it available and viewable through the Service.(iii) We may publicly display on the Site certain information that is Non-Identifying Information.(iv) We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide the Service and administer your inquiries.(v) Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your preferences). We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from others to attempt to provide you with a better experience, to provide data averages for comparisons on the Site, to improve the quality and value of the Service and to analyze and understand how our Site and Service are used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.(b) We also use your Personal Information to contact you with Personal Health Cloud or its third party suppliers, newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or update your preferences via the “Settings” section of the Site. (See “Changing or Deleting Information,” below.) Active Members and Subscribers may not opt out of email and phone communication needed to maintain your account. If you wish not to receive them, you have the option to deactivate your account by emailing service@PersonalHealthCloud.com with "cancellation" in the subject line.
3. Log DataWhen you visit the Site, our servers automatically record information that your browser sends whenever you visit a website (“Log Data”). This Log Data may include information such as your computer's Internet Protocol (“IP”) address, pages of our Site that you visit, the time spent on those pages, information you search for on our Site, access times and dates, and other statistics. We use this information to monitor and analyze use of the Site and the Service and for the Site's technical administration, to increase our Site's functionality and user-friendliness, and to better tailor it to our visitors' needs. We also use this information to verify that visitors to the Site meet the criteria required to process their requests. We do not treat Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.
5. PromotionsFrom time to time we may provide you the opportunity to participate in surveys, contests, or offers (collectively, “Promotions”) on our Site or via newsletters. If you decide to participate, we may request certain Personal Information from you. Participation in these Promotions is completely voluntary and you have a choice whether or not to disclose this information. We use this information to administer your participation in each Promotion.
7. PhishingIdentity theft and the practice currently known as “phishing” are concerning to Personal Health Cloud. Safeguarding information to help protect you from identity theft is of great importance to us. We do not and will not, at any time, request your credit card information, your login information or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. All email or phone communication regarding payments for your account will direct you to the secure site Personal Health Cloud.com for payment- unless you elect to confirm payment by phone. For more information about phishing, visit the Federal Trade Commission's website.
8. Aggregate Information and Non-Identifying InformationWe may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for enhancement of features of the Service, industry analysis, demographic profiling or forms of medical research.
9. Service ProvidersWe may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Site-related services (e.g., without limitation, customer service, transcribing health records to your account, maintenance services, email management, database management, web analytics and improvement of the Site's features) or to assist us in analyzing how our Site and Service are used. We may disclose personal information, such as name and contact information, to any person performing audit, legal, operational, or other services for us. We will use information which does not identify the individual for these activities whenever feasible. Information disclosed to vendors or contractors for operational purposes will be limited to the minimum necessary to perform their task and may not be re-disclosed to others by such a vendor or contractor. These third parties have access to your Personal Information and health records only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
10. Compliance with Laws and Law EnforcementPersonal Health Cloud cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Personal Health Cloud or an individual or third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity. We may disclose personal information to protect the security and reliability of this Site and to take precautions against liability.
11. Business TransfersPersonal Health Cloud may sell, or transfer some or all of its assets, including your Personal Information, in connection with a merger, acquisition, consolidation, joint venture, reorganization or sale of assets. Such transactions would be covered by a confidentiality agreement.
12. Changing or Deleting Your Information and Data RetentionAll Members may review, update, correct or delete the Personal Information in their Account by contacting us at service@PersonalHealthCloud.com or by making edits via the “profile” section of the Site. If you completely delete all such information, then your Account may become deactivated.We may retain your information, including Personal Information, for as long as your Account is active or as needed to provide you the Service. If you would like us to delete your record in our system, please contact us atservice@PersonalHealthCloud.com with a request that we delete your Personal Information from our database. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or as part of our offline archive.
13. SecurityPersonal Health Cloud is very concerned with safeguarding your information. The security of your personal information is important to us. But remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. When you enter Personal Information or otherwise provide Personal Health Cloud with access to information (such as login information), and we encrypt that information using secure socket layer technology (SSL). In some cases, we also encrypt Personal Information where it is stored on our systems.
15. LinksOur Site contains links to other websites and offers for third party products or services that may be complementary to your use of the Site. If you click on a third party link, you will be directed to that third party’s website. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
16. Our Policy Towards Children and OthersThis Site is not directed to individuals under 13. The Site is intended to be used by adults, parents, and legal guardians. If you are acting for another person, you hereby affirm that you have the legal right to do so such that as you are the parent, legal guardian or otherwise have a valid power of attorney to act on behalf of that person. Your use of the Site and the creation of Profiles within the site constitute your agreement to include personally identifiable data of your children or children for whom you are the legal guardian. Further you may utilize the Site only for yourself, children for whom you are the parent, or as a legal guardian your establishment of profiles is your confirmation of your status as an adult, parent, or legal guardian of those personas included in your account. If we learn that an under 13 user has volunteered personally identifiable information on the Site, we will delete such information from our active databases in accordance with our deletion policy, described above.
17. Unsubscribe or Opt-OutPersonal Health Cloud offers you the opportunity to opt out from receiving promotional email or mail from us and our third-party suppliers about our Site, Products and Services.
For email, users may opt-out at any time by using the unsubscribe mechanism within the email. The unsubscribe mechanism allows Site users to manage other subscription preferences to email alerts and special offers but does not allow a user to opt-out of receiving transactional email, such as subscription confirmation and responses to direct requests.for calls or direct mail, a Site user may opt out by calling 1-260-227-3369.if the information you have provided will be available to third parties, you will also be given the opportunity to opt out from this practice by calling 1-260-227-3369.You may write us directly if you wish to: (a) update or delete your contact information (b) ask that we not share your Personal Information with third parties; (c) opt-out or request that we cease sending you promotional or other information via mail or email; or (d) address any other question or concern you may have such written requests should be sent to service@PersonalHealthCloud.comIn those instances, we will retain your information in a “do not promote” file in our database, and you will receive no further communications from us unless you consent otherwise.If you have opted out of receiving future emails from us, we will implement your opt-out request within ten (10) business days of receipt. If you have opted-out of receiving future promotional materials by regular mail, we will implement your opt-out request within a commercially reasonable time.
18. California Privacy Rights DisclosureUnder California Civil Code Section 1798.83, also known as Senate Bill 27, or Shine the Light you are entitled to request and receive, free of charge, a copy of Personal Health Cloud's California Information Sharing Disclosure Notice for the previous calendar year. You may print this page, or call 1-000-000-0000, to request a copy or email us at service@PersonalHealthCloud.com. We will provide the requested information to you at your email address in response. Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response.
TermsTHIS SERVICES AGREEMENT (“AGREEMENT“) CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND PERSONAL HEALTH CLOUD, INC. (“Personal Health Cloud,“ “US“, OR “WE“). BY CHECKING THE BOX INDICATING YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT YOU (A) AGREE TO BE BOUND BY THIS AGREEMENT; AND (B) REPRESENT YOU ARE LAWFULLY ABLE TO ENTER INTO CONTRACTS AND ARE OF THE LEGAL AGE OF MAJORITY IN THE JURISDICTION IN WHICH YOU RESIDE (AT LEAST EIGHTEEN (18) YEARS OF AGE IN MANY STATES). IN ADDITION, IF THIS AGREEMENT IS BEING AGREED TO BY A COMPANY OR OTHER LEGAL ENTITY, THEN THE PERSON AGREEING TO THIS AGREEMENT ON BEHALF OF THAT COMPANY OR ENTITY REPRESENTS AND WARRANTS THAT HE OR SHE IS AUTHORIZED AND LAWFULLY ABLE TO BIND THAT COMPANY OR ENTITY TO THIS AGREEMENT. YOU SHOULD PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS BY USING THE PRINT FUNCTIONALITY IN YOUR BROWSER. IF YOU DO NOT CHECK THE BOX INDICATING YOUR AGREEMENT TO THESE TERMS AND CONDITIONS, YOU MAY NOT PROCEED WITH REGISTRATION OR OTHERWISE RECEIVE THE SERVICES DESCRIBED BELOW.
1. ServicesSubject to the terms and conditions of this Agreement and your payment of any relevant fees, we will provide you a al personal health record system that adheres to the security standards established by the Health Insurance Portability and Accountability Act (“HIPAA“) that includes an electronic form for easy health information collection, an administrative tool to view and manage the status of the health information collection process, and a module for you to share health records with health care professionals and family members. (collectively, the “Services“).
2. RestrictionsYou may only use the Services as described on our Web site and in any applicable documentation. Any breach of this Agreement by you or your agents will constitute a breach by you. Except as expressly authorized by this Agreement, you will not (and will not allow any third party to): (i) permit any third party to access and use the Services; (ii) decompile, disassemble, or reverse engineer the Services, except to the extent expressly authorized under the law; (iii) use the Services or any of our confidential information to develop a competing product or service; or (iv) provide, lease, lend, use for timesharing or service bureau purposes or otherwise use or allow others to use the Services for the benefit of any third party.
3. Use of the ServicesYou may not use the Services to:(a) Upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, intimidating, abusive, harassing, tortuous, defamatory, derogatory, vulgar, obscene, libelous, invasive of another's privacy, disrespectful, hateful, or racially, ethnically or otherwise objectionable;(b) Upload, post, e-mail or otherwise transmit any content that is harmful or objectionable to minors in any way;(c) Impersonate any person or entity or falsely state or otherwise misrepresent their affiliation with a person or entity;(d) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;(e) Upload, post, e-mail or otherwise transmit any content that you do not have the right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);(f) Upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;(g) Upload, post, e-mail or otherwise transmit any material that contains software viruses or worms or any other computer code, files or programs designed to disable, interrupt, destroy, redirect, monitor another user's usage, limit or otherwise inhibit the functionality of any computer software or hardware or telecommunications equipment;(h) Disparage the products or services of any company or individual;(i) Use racially or ethnically offensive language; discuss or incite illegal activity; use explicit/obscene language or solicit/post sexually explicit images;(j) Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or(k) Intentionally or unintentionally violate any applicable local, state, national or international law or regulation.
4. Proprietary RightsYou acknowledge that all Services are protected by intellectual property rights, as applicable, of Personal Health Cloud and its vendors/licensors and that you have no rights to transfer or reproduce the Services or prepare any derivative works with respect to, or disclose confidential information pertaining to, the Services. Under no circumstances will you be deemed to receive title to any portion of any Services, title to which at all times will vest exclusively in us and our licensors. This is not a “work made for hire“ agreement, as that term is defined in Section 101 of Title 17 of the United States Code (“the Copyright Act“). You will preserve all Services from any liens, encumbrances, and claims of any individual or entity. You will not use any of our information or data to contest the validity of any of our intellectual property or our licensors. Any such use of our information and data will constitute a material, non-curable breach of this Agreement.
5. Your DataYou grant us a non-exclusive, world-wide, royalty-free license to use the documents, information, graphics, data, content, and other materials input by you into the Services (the “Customer Data“) for purposes of performing this Agreement. You will be responsible for obtaining all rights, permissions, and authorizations to provide the Customer Data to us for use as contemplated under this Agreement. Except for the license granted in this Section, nothing contained in this Agreement will be construed as granting us any right, title, or interest in the Customer Data. You grant us a non-exclusive, perpetual, irrevocable, fully-paid-up, royalty free license to use, copy, distribute, and otherwise exploit statistical and other aggregated data derived from your use of Services (the “Aggregated Data“) for our business purposes, including the provision of products and services to our customers; provided the Aggregated Data is combined with similar data from our other customers and does not include (directly or by inference) any information identifying you or any identifiable individual. The Aggregated Data will not be considered your Confidential Information. You also grant us a non-exclusive, perpetual, irrevocable, fully paid-up royalty-free license to use and disclose Customer Data for research purposes, provided such research studies have been approved by an Institutional Review Board, as appropriate, and Personal Health Cloud enters into a Data Use Agreement with the researcher, as appropriate, that ensures that your Customer Data will be protected and will be used only for approved research purposes.
6. FeedbackYou may provide us with suggestions, comments or other feedback (collectively, “Feedback“) with respect to our products and services, including the Services. Feedback is voluntary and we are not required to hold it in confidence. We may use Feedback for any purpose without obligation of any kind. To the extent a license is required under your intellectual property rights to make use of the Feedback, you grant us an irrevocable, non-exclusive, perpetual, royalty-free license to use the Feedback in connection with our business, products, and services, including the enhancement of the Services.
7. Sharing of Your DataExcept as set forth in Section 5, you have control over who may access Customer Data. If you share content in public areas of the Services or make your Customer Data available to others who you have chosen, you agree that anyone you have shared content with may use, save, reproduce, distribute, display, and transmit your Customer Data in connection with your use of the Services.
9. FeesIf you elect Services for which a charge is imposed, you are obligated to pay those fees. All fees are non-refundable. Late payments will be subject to late charges equal to the lesser of (i) one and one-half percent (1.5%) per month of the overdue amount or (ii) the maximum amount permitted under applicable law. You are responsible for paying all personal property, sales, use and other taxes (excluding taxes based upon our net income) and license and registration fees and other assessments or charges levied or imposed by any governmental body or agency as a result of the execution or performance of this Agreement, including your receipt of the Services. We may change the fees for the Services at any time on notice to you.
10. Your WarrantiesYou represent and warrant that (i) you have full power, capacity, and authority to enter into this Agreement and to grant the license in Section 4 (Proprietary Rights); (ii) your use of the Services will be in compliance with all applicable local, state, and federal laws and regulations; and (iii) the information you have provided us for purposes of creating your account is true and correct and that you will promptly notify us of any changes.
11. No Medical AdviceThe content of the Personal Health Cloud website and all associated products and services, including all communications and information made available through the foregoing, do not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. Personal Health Cloud does not recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that may be included on the Site, associated services, and mobile apps. Registered users of Personal Health Cloud are solely responsible for the accuracy of all patient care made available through the foregoing. Reliance on any information appearing on the Site, and associated services and applications, whether provided by Personal Health Cloud, the Customers, its content providers, or visitors to the Site or others, is solely at your own risk.
12. IndemnificationYou will defend and indemnify Personal Health Cloud and hold it and its affiliates, officers, directors, employees, and agents harmless from any and all claims, actions, proceedings, losses, deficiencies, damages, liabilities, costs, and expenses (including but not limited to reasonable attorneys’ fees and all related costs and expenses) incurred by them as a result of any claim, judgment, or adjudication related to or arising from any or all of the following: (i) your use of the Services; and (ii) breach of any of your obligations, representations, or warranties in this Agreement.
13. Suspension of Services and Removal of Customer DataWe may, in our sole discretion, suspend your access to the Services or remove any Content for any of the following reasons: (i) to prevent damages to, or degradation of, the Services; (ii) to comply with any law, regulation, court order, or other governmental request; and (iii) to otherwise protect us from potential legal liability. We will restore access to the Services as soon as the event giving rise to suspension has been resolved. This Section will not be construed as imposing any obligation or duty on us to monitor use of the Services.
14. Disclaimer of WarrantiesTHE SERVICES ARE PROVIDED “AS IS“ AND “AS-AVAILABLE,“ WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. PERSONAL HEALTH CLOUD AND ITS VENDORS AND LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, OR TITLE/NON-INFRINGEMENT AND ALL SUCH WARRANTIES ARE HEREBY SPECIFICALLY DISCLAIMED. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT USE OF SERVICES, IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PERSONAL HEALTH CLOUD OR ITS AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF PERSONAL HEALTH CLOUD’S OBLIGATIONS HEREUNDER. THE SERVICES MAY BE USED TO ACCESS AND TRANSFER INFORMATION OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT PERSONAL HEALTH CLOUD AND ITS VENDORS AND LICENSORS DO NOT OPERATE OR CONTROL THE INTERNET AND THAT: (I) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (II) UNAUTHORIZED USERS (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE THE CONTENT, WEB SITES, COMPUTERS, OR NETWORKS. WE WILL NOT BE RESPONSIBLE FOR THOSE ACTIVITIES.
15. Limitation of Liability and DamagesNEITHER PERSONAL HEALTH CLOUD NOR ITS VENDORS AND LICENSORS WILL HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, INCLUDING USE OF THE SERVICES EVEN IF PERSONAL HEALTH CLOUD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF PERSONAL HEALTH CLOUD AND ITS VENDORS AND LICENSORS TO YOU OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT OR USE OF THE SERVICES IN CONNECTION WITH ANY CLAIM OR TYPE OF DAMAGE (WHETHER IN CONTRACT OR TORT) WILL NOT EXCEED THE TOTAL FEES YOU PAID, IF ANY, DURING THE ONE (1) MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. THIS LIMITATION OF LIABILITY WILL APPLY EVEN IF THE EXPRESS WARRANTIES PROVIDED ABOVE FAIL OF THEIR ESSENTIAL PURPOSE.
16. TermThe initial term (“Initial Term“) of this Agreement will begin on the Effective Date and will continue thereafter for one (1) year. Thereafter, the Agreement will automatically renew for successive one year terms (each a “Renewal Term“), unless either party gives written notice to the other of its intent not to renew at least sixty (60) days prior to the expiration of the then current term. The Initial Term and any Renewal Terms are referred to, collectively, as the “Term.“
17. TerminationThis Agreement will terminate (i) on the thirtieth (30th) day after either party gives the other written notice of a breach by the other of any material term or condition of this Agreement, unless the breach is cured before that day; (ii) upon written notice by either party, immediately, if (a) a receiver is appointed for the other party or its property; (b) the other party becomes insolvent or unable to pay its debts as they mature in the ordinary course of business or makes a general assignment for the benefit of its creditors; or (c) any proceedings (whether voluntary or involuntary) are commenced against the other party under any bankruptcy or similar law and such proceedings are not vacated or set aside within sixty (60) days from the date of commencement thereof; or (iii) on sixty (60) days’ notice from us in the event we cease providing the Services generally to our customers. If use of the Service or any portion of them becomes, or in our discretion is likely to become, the subject of an intellectual property infringement claim, we may, in its discretion, (i) procure the right for you to continue to use the Service; (ii) replace or modify the Service with one of comparable quality and performance capabilities; or (iii) terminate this Agreement and refund the prorated portion of any prepaid, unused recurring fees. From and after termination, you will immediately pay all due sums owed to us.
18. General Provisions.18.1 Affiliates, Subcontractors and Vendors. Some or all of the Services, including support, may be provided by our affiliates, agents, subcontractors and information system vendors. Our rights and obligations may be, in whole or in part, exercised or fulfilled by the foregoing entities.18.2 Force Majeure. Except for the payment of fees, as described in Section 6 (Fees) of this Agreement, neither party will be liable for any failure or delay in performance under this Agreement which is due to any event beyond the reasonable control of such party, including without limitation, fire, explosion, unavailability of utilities or raw materials, Internet delays and failures, telecommunications failures, unavailability of components, labor difficulties, war, riot, act of God, export control regulation, laws, judgments or government instructions.18.3 Entire Agreement; Amendment. This Agreement provides the entire agreement between the parties with regard to its subject matter. No other agreements, representations, or warranties have been made by either party to the other with respect to the subject matter of this Agreement. Except as provided below, this Agreement may not be amended without a writing signed by both parties. We may, at any time and from time-to-time, change the terms of this Agreement. Any changes will be posted on our Web site. In addition, we may also send you a notice about the amended terms via email. If you do not accept the terms of any modification, your only recourse is to terminate this Agreement by sending a termination notice us before the effective date of the amendments. The termination will be effective on the date we receive the notice. The most current version of the Agreement will be available on our Web site and will supersede all previous versions of the Agreement. Your continued use of the Services will constitute your acceptance of the changes.18.4 Governing Law, Venue, and Limitation of Actions. This Agreement will be construed according to, and the rights of the parties will be governed by, the law of the State of California, without reference to its conflict of laws rules. Any action at law or in equity arising out of or directly or indirectly relating to this Agreement may be instituted only in the Federal or state courts located in San Francisco, California. You consent and submit to the personal jurisdiction of those courts for the purposes of any action related to this Agreement, and to extra-territorial service of process. No action, regardless of form, arising out of this Agreement, may be brought by either party more than one (1) year after the cause of action has arisen.18.5 Assignment. You may not assign this Agreement without the prior written consent of Personal Health Cloud.18.6 Severability. If any of the provisions of this Agreement are found or deemed by a court to be invalid or unenforceable, they will be severable from the remainder of this Agreement and will not cause the invalidity or unenforceability of the remainder of this Agreement.18.7 Waiver. Neither party will by mere lapse of time without giving notice or taking other action hereunder be deemed to have waived any breach by the other party of any of the provisions of this Agreement. Further, the waiver by either party of a particular breach of this Agreement by the other party will not be construed as, or constitute, a continuing waiver of such breach, or of other breaches of the same or other provisions of this Agreement.18.8 Survival. The following provisions will survive termination or expiration of this Agreement: 4 (Proprietary Rights), 12 (Indemnification), 14 (Disclaimer of Warranties), 15 (Limitation of Liability and Damages), 17 (Termination), and 18 (General Provisions).18.9 Electronic Signatures - Binding. This Agreement may be accepted in electronic form (e.g., by an electronic or other means of demonstrating assent) and your acceptance will be deemed binding between us. Neither of us will contest the validity or enforceability of this Agreement and any related documents, including under any applicable statute of frauds, because they were accepted or signed in electronic form. Neither of us will contest the validity or enforceability of a signed facsimile copy of this Agreement on the basis that it lacks an original handwritten signature. Electronically maintained records when produced in hard copy form shall constitute business records and shall have the same validity as any other generally recognized business records.
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