NOTICE TO USER:
Please read the following Licensing Agreement/Terms and Conditions (the "Agreement") carefully because it will apply to your access to and use of Blufolio Health( a product of BluFolio Health/Blufolio) Application (the "Application") and constitute a legally binding agreement between you and BluFolio Health. By clicking the 'I Agree' button you are accepting to be bound by all the Terms and Conditions of this Agreement. Please exit this setup if you choose not to accept all of the terms and conditions as you will not be able to use the Application.
TERMS AND CONDITIONS
1. DESCRIPTION OF THE APPLICATION. The Blufolio Health( a product of BluFolio Health/Blufolio) Application is a software Application designed to assist you in organizing your personal medical information.
This Agreement governs your use of this Application, including, without limitation, the use of all content such as text, information, images, audio, and services, integrated tools, programs, software, databases, help tools and other related items (collectively referred to as the "Application").
2. STORAGE The Application stores all your information on your handheld device. Although the Application and your portable device have available security passcodes, the information contained therein may be accessible to others without your consent or knowledge if your portable device is lost or stolen. All stored information in any Software application is subject to possible unauthorized access by hackers or data criminals. All information is protected by encryption methods and entry firewalls. Every reasonable effort is made to secure your information and protect it from unauthorized access.
3. LICENSE GRANT. Subject to the terms of this Agreement, BluFolio Health hereby grants to you a limited, nonexclusive, nontransferable license to access and use the Application. You may not rent, lease, sell, sublicense, assign, reverse engineer, disassemble, modify, loan, distribute, export or otherwise transfer, or allow others to use the Application, technology or other information, including any printed materials, nor may you create derivative works of or otherwise modify the same. This license will automatically terminate if you do not comply with the terms of this Agreement. You may not use, download, or export the Application in violation of any applicable laws or regulations.
4. DISCLAIMER AND NOTICE. All information contained on this Application, including, but not limited to clinical references, images, tools and other related items, are intended to be used as a reference resource to assist you in compiling information and not as a sole source of reference. The Application is a personal use record keeping application that does not substitute for your complete medical record and as such should not be construed as a replacement or backup of your complete medical record.
BluFolio Health does not give medical advice and is not a substitute for seeking advice from a health care professional. Please be aware that incorrect recording or entry of information by you or anyone else into the Application could lead to medical error. You should recheck all information after entry and then verify it when later used. BluFolio Health, and its respective licensors, authors, editors, reviewers, contributors and publishers are not responsible for errors or omissions or for any consequences from application of the information herein and make no warranty, expressed or implied, with respect to the currency, completeness, or accuracy of the contents of the Application. Applying this information in a particular situation remains the licensee's responsibility.
5. MEDICAL INFORMATION/CONDITIONS. In addition, while there may be information on this Application related to certain medical conditions and/or their treatment, should a medical condition exist, you should consult with your own physician or health care provider. BluFolio Health does not offer personalized medical diagnosis or patient-specific treatment advice. Your doctor or other health care professional is in the best position to assess, and provide information, about your medical condition and any treatment options. PLEASE CONSULT WITH YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL FOR MEDICAL ADVICE and MEDICAL CARE.
6. CONSENT TO USE OF DATA. You agree that BluFolio Health or others working for BluFolio Health may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, support and other services to you (if any) related to the Application. BluFolio Health or others working for BluFolio Health may use this information to improve and/or to provide to you its products, processes, services or technologies. BluFolio Health or others working for BluFolio Health may collect and/or use generic information that does not specifically identify you or your family. This information will provide BluFolio Health with data about the needs of users.
BluFolio Health uses encryption methods to protect the confidentiality and security of your health information. Due to risks beyond the control of BluFolio Health, the user acknowledges the following:
1. The use of electronic communications can increase the risk of transmitted information being disclosed to third parties
2. Although reasonable efforts have been made to protect the privacy and security of electronic communication, it is not possible to completely secure any information
3. Electronic communications can introduce malware into a computer system and potentially damage or disrupt the computer, network and security settings.
4. Electronic communications, by their nature, have the potential to be forwarded, circulated, stored or intercepted.
5. BluFolio Health is intended to be a personal health organizer and personal storage modality for components of your medical information. It is not a comprehensive replacement for the medical records stored at health care institutions and your health care providers. BluFolio Health is not responsible for information loss due to technical failures associated with your software or internet service provider.
As a user of the BluFolio Health software platform, I acknowledge that I have read and fully understand the risks, limitations, conditions of use and instructions for use of electronic communications.
I understand and accept the risks and conditions associated with the use of electronic communications between me and BluFolio Health and between BluFolio Health and any selected data portals (e.g. Physician Office, Pharmacy etc)
I acknowledge and understand that encryption software is used for communications between the user and BluFolio Health and BluFolio Health and any selected data portals. (e.g. Physician Office, Pharmacy etc)
7. SUPPORT. BluFolio Health will provide you with maintenance or support relating to the Application through 1861242 Ontario Inc.
8. LINKS and Advertisements BluFolio Health may provide, or third parties may provide, links to other internet sites or resources or may provide advertisements in the application. BluFolio Health will not provide your e-mail address or direct contact information to any advertisers. BluFolio Health does not endorse and is not responsible for any data, software or other content available from non-BluFolio Health sites or resources and you acknowledge and agree that BluFolio Health shall not be liable, directly or indirectly, for any damage or loss relating to your use of or reliance on such data, software or other content.
9. DISCLAIMER OF WARRANTIES. YOU UNDERSTAND AND AGREE THAT THE APPLICATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BluFolio Health DOES NOT MAKE ANY WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS OR THAT USE OF THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES BluFolio Health MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE APPLICATION OR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE APPLICATION (INCLUDING THIRD PARTY CONTENT) OR THAT ANY DEFECTS IN THE APPLICATION WILL BE CORRECTED. BluFolio Health AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY REGARDING THE APPLICATION, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA OBTAINED THROUGH USE OF THE APPLICATION IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PORTABLE DEVICE or COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL.
10. LIMITATION OF LIABILITY. YOU UNDERSTAND AND AGREE THAT BluFolio Health AND ITS RESPECTIVE LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOST DATA, LOST PROFITS, OR BUSINESS INTERRUPTION ARISING FROM OR RELATING TO: (i) YOUR USE OF THE APPLICATION OR USE OF THE APPLICATION THROUGH YOUR ACCOUNT BY ANYONE ELSE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE DATA, INFORMATION OR SOFTWARE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE APPLICATION OR ITS USE. ADDITIONALLY, YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL DECISIONS REGARDING USE OF THE APPLICATION TO INPUT, STORE AND/OR TRANSFER PERSONAL DATA.
11. INDEMNIFICATION. You agree to indemnify, defend and hold BluFolio Health, its respective officers, employees and suppliers harmless from any claim or demand, including reasonable legal fees, made by any third party due to or allegedly arising out of your use of the Application or any breach of this Agreement or violation of any rights of another.
12. TERMINATION. The license is effective until terminated by you or by BluFolio Health, which may be done at any time. Upon termination you shall cease to use and shall permanently remove or uninstall all copies of the Application in its entirety. Your rights under this license will terminate automatically without notice from BluFolio Health if you fail to comply with any term(s) of this license.
13. PROPRIETARY RIGHTS. You acknowledge that (a) the Application contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) BluFolio Health and/or third parties own all right, title and interest in and to the Application and software provided through or in conjunction with the Application, including without limitation all Intellectual Property Rights therein and thereto. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree that you will not, and will not allow any third party to, (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Application, unless otherwise permitted, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the Application, (iii) use the Application to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (iv) remove, obscure, or alter BluFolio Health 's or any third party's copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Application.
14. PROHIBITED USES OF APPLICATION. You agree not to resell the Application or use of or access to the Application. You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of the Application.15. ASSIGNMENT. You may not assign or transfer your rights under this Agreement without the prior written consent of BluFolio Health. BluFolio Health may assign all rights and liabilities under this Agreement to a subsidiary, affiliate or successor to all or a substantial part of its business and assets without your consent. Subject to the foregoing, this Agreement will inure to the benefit of and be binding upon the successors and permitted assigns of the parties.
16. ARBITRATION. Any controversy, claim or dispute arising out of or relating to the performance, construction, interpretation or enforcement of this Agreement, including disputes as to the scope of this clause, shall be resolved through good faith negotiations between the parties. If such efforts prove unsuccessful, all such controversies, claims or disputes shall be submitted to mandatory, final, confidential, binding arbitration pursuant to the Arbitration Act (Ontario). The arbitration award shall be final and binding and it may be confirmed and enforced in any court of competent jurisdiction. Each party shall pay for all legal fees it incurred in connection with the arbitration and shall share equally in the costs of the arbitration.
(a) You agree to access and use the Application in accordance with all applicable laws and regulations, including, without limitation, provincial and federal laws and regulations. You agree not to use the Application for any illegal or wrongful purposes.
(b) This Agreement shall be governed by the laws of the Province of Ontario without regard to its conflict of laws principles.
(c) If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, such provision shall be reformed to as nearly as possible approximate the intent of the parties and all other provisions shall remain in full force and effect.
(d) BluFolio Health's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
(e) Section headings in this Agreement are used solely for the convenience of the parties and have no legal or contractual significance.
(f) This Agreement constitutes the parties' final, exclusive and complete understanding and agreement with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings and agreements, oral or written, between the parties.
18.FORCE MAJEURE. No party shall be liable for a failure or delay in performing any of its obligations under this Agreement if such failure or delay is due to causes beyond the reasonable control of the affected party (but only to that extent), including (i) acts of God; (ii) fire, explosion, or unusually severe weather; (iii) war, invasion, riot or other civil unrest; (iv) governmental laws, orders, restrictions, actions, embargoes or blockages; (v) national or regional emergency; and provided that the party affected shall promptly notify the other of the force majeure condition and shall exert reasonable efforts to eliminate, cure or overcome any such causes and to resume performance of its obligations as soon as possible.
19. EXCLUSIONS AND LIMITATIONS. NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 9 AND 10 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND BluFolio Health AND THE THIRD PARTIES' LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
20. SURVIVAL. The provisions of Sections 7, 8, 9, 10, 11, , 15, 16, 17 (and its subparts), 18 and 19 shall survive any termination or expiration of these Terms and Conditions.
21 CUSTOMER SERVICE. If you have any questions, complaints or claims you should direct them to BluFolio Health at 1861242 Ontario Inc. firstname.lastname@example.org
22. DATA MIGRATION. In the event that you wish to close your BluFolio Health account and request bulk data migration of the account data in one step, you will be required to pay a migration fee.
23. CUSTOMER AGREEMENT. You hereby represent and warrant that you are legally bound by this Agreement when you download, install and or use the Application.
At Blufolio Health( a product of BluFolio Health/Blufolio), protecting the privacy and security of your personal information is fundamental to the way we do business.
BluFolio Health currently has privacy policies and practices in place that meet the requirements of all applicable laws, rules and regulations. Privacy legislation requires organizations to have such policies, practices and programs in place that demonstrate the commonly accepted privacy standards that the public expects. These laws are generally based on the Canadian Standards Association's Code for the Protection of Personal Information(CAN/CSA-Q830-96). BluFolio Health incorporates similar principles into our business practices:
Accountability: We are accountable to protect the privacy of the personal information in our care.
Identifying Purposes: BluFolio Health collects personal information to identify the user.
Consent: By accepting our terms, the user provides BluFolio Health consent to collect and use their personal information within the user's personal BluFolio Health account.
Limiting Collection: BluFolio Health collects only the personal information that we need in order to provide services to the user. This information is collected by fair and lawful means. Information that does not uniquely identify the User (generic information e.g. the age ranges and genders of users) may be used in a pooled manner to improve the services to our user group.
Limiting Use, Disclosure and Retention: BluFolio Health uses personal information only for identified purposes, or with the consent of the individual, or as permitted or required by law. BluFolio Health retains this information only as long as necessary to fulfill the identified purposes.
Accuracy: BluFolio Health collects and maintains personal information that is as accurate, complete, and up-to-date as provided by the user for the identified purposes.
Safeguards: BluFolio Health has appropriate physical, technical and procedural safeguards in place to protect personal information.
Openness: BluFolio Health provides publicly accessible information about our privacy practices.
Individual Access: BluFolio Health provides the user access to the user's personal information in our files.
Challenging Compliance: Individuals may direct concerns regarding BluFolio Health's compliance with these principles to our Privacy contact: Terms-Privacy@BluFolio.com
BluFolio Health remains committed to maintaining the privacy and confidentiality of the personal information in our care.