Terms of service
LAST UPDATED: 6 JULY 2023
Our Terms of Service (what we call the “TOS”) make up the agreement between Trellis Health Systems, Inc. (“Trellis Health”) and you. These TOS govern your use and access to Trellis Health products, software, services, and website (including but not limited to text, graphics, images, and other material and information) as accessed from time to time by you, regardless if the use is in connection with an account or not (collectively, the “Services”).
Using the Services
Your use of the Services (excluding any services provided by Trellis Health Systems, Inc under a separate agreement) is subject to the terms of the legal agreement between you and Trellis Health Systems, Inc set forth in these Terms of Service ("TOS"). Except as specified herein, these TOS apply to any use of the Services, including but not limited to uploading or connecting Genetic Information, medical information, wearable devices and data, tracking or user generated data and interacting with it on the Trellis Health Systems, Inc website, web application or mobile app. In order to use the Services, you must first agree to the TOS. You may not use the Services if you do not accept the TOS. You can accept the TOS by (1) clicking to accept or agree to the TOS, where this option is made available to you by Trellis Health Systems, Inc for any Service; or by (2) actually using the Services. In this case, you acknowledge and agree that Trellis Health Systems, Inc will treat your use of the Services as acceptance of the TOS from that point onwards, during use.
You may not use the Services and may not accept the TOS if (1) you are not of legal age to form a binding contract with Trellis Health Systems, Inc, without parental or guardian consent or (2) you are a person barred from receiving the Services under the laws of the jurisdiction in which you are resident or from which you use the Services.
In addition to the conditions above, if you contribute, connect or otherwise provide your own medical or health data you must be thirteen (13) years of age or older to agree to these TOS on behalf of yourself or those for whom you have legal authority to agree.
If your use of the Services includes creating a Trellis Health Systems, Inc account, and provide your own Genetic Information, you must be eighteen (18) years of age or older to use the Services and accept the TOS.
Description of the Services
The Services include access to the Trellis Health Systems, Inc public website, web application or mobile app. Unless explicitly stated otherwise, each new feature that augments or enhances the current Service shall be subject to the TOS. You acknowledge and agree that the Services are provided "AS-IS" and are based on the current state of medical and health knowledge in use by Trellis Health Systems, Inc at the time of the purchase, viewing or other use. As research progresses and scientific knowledge and technology evolve, Trellis Health Systems, Inc is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Trellis Health Systems, Inc provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that Trellis Health Systems, Inc may stop (permanently or temporarily) providing some Services (or any features within the Services) to you or to users generally at Trellis Health Systems, Inc sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Trellis Health Systems, Inc when you stop using the Services. Trellis Health Systems, Inc assumes no responsibility for the use of Services outside the terms of this TOS or other applicable terms.
In order to use the Services, you must obtain Internet access, either directly or through devices that access web-based content, and pay any service fees associated with such access. You are solely responsible for paying such fees. In addition, you must provide all equipment necessary to make such Internet connection, including a computer and modem or other access device. You acknowledge and agree that while Trellis Health Systems, Inc may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Trellis Health Systems, Inc at any time, at Trellis Health Systems, Inc discretion.
Risks and Considerations Regarding Trellis Health Services
Once you obtain your Medical or Genetic Information, the knowledge is irrevocable. You should not assume that any information we may be able to provide to you, whether now, as the Trellis Health Systems, Inc platform advances, will be welcome or positive.
We encourage you to talk to a genetic counselor or a health professional, if you have any concerns or questions about your medical situation.
You may learn information about yourself that you do not anticipate. This information may evoke strong emotions and has the potential to alter your life and worldview. These outcomes could have social, legal, or economic implications.
Genetic Information you share with others could be used against your interests. You should be careful about sharing your Genetic Information with others. Currently, very few businesses or insurance companies request genetic information, but this could change in the future. While the Genetic Information Nondiscrimination Act (“GINA”) was signed into law in the United States in 2008, its protection against discrimination by employers and health insurance companies for employment and coverage issues, respectively, has not been clearly established. In addition, GINA does not cover life, long-term care, or disability insurance providers. Some, but not all, states and other jurisdictions have laws that further protect individuals with regard to their Genetic Information.
Furthermore, Information that you choose to share with your physician or other health care provider may become part of your medical record and through that route be accessible to other health care providers and/or insurance companies in the future. Health Information that you share with family, friends or employers may be used against your interests. Even if you share health Information that has no or limited meaning today, that information could have greater meaning in the future as new discoveries are made. If you are asked by an insurance company whether you have learned Genetic Information about health conditions and you do not disclose this to them, this may be considered to be fraud.
By accessing Trellis Health Systems, Inc Services, you agree to, acknowledge, and represent as follows:
You understand that information you learn from Trellis Health Systems, Inc is not designed to independently diagnose, prevent, or treat any condition or disease or to ascertain the state of your health in the absence of medical and clinical information.
You agree that any medical, health or genetic data you provide and all resulting data may be transferred and/or processed outside the country in which you reside.
You are warranting that you are not an insurance company or an employer attempting to obtain information about an insured person or an employee.
You understand that all your Personal Information will be stored in Trellis Health Systems, Inc databases and will be processed in accordance with the Trellis Health Systems, Inc Privacy Statement.
You agree that you have the authority, under the laws of the state or jurisdiction in which you reside, to provide these representations. In case of breach of any one of these representations, Trellis Health Systems, Inc has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify Trellis Health Systems, Inc and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
Account Creation, Customer Account, Password, and Security Obligations
In consideration of your use of the Services, you agree to: (a) provide true, accurate, current, and complete Registration Information about yourself as prompted by the Service; and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any Registration Information that is untrue, inaccurate, not current, or incomplete, or if Trellis Health Systems, Inc has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, Trellis Health Systems, Inc has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
You are responsible for maintaining the confidentiality of your login information, and are fully responsible for all activities that occur under your Trellis Health Systems, Inc account. If you allow third parties to access Trellis Health Systems, Inc website through your username and password, you will defend and indemnify Trellis Health Systems, Inc and its affiliates against any liability, costs, or damages, including attorney fees, arising out of claims or suits by such third parties based upon or relating to such access and use. You agree to (a) immediately notify Trellis Health Systems, Inc of any unauthorized use of your account or any other breach of security. Trellis Health Systems, Inc cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. If you choose to export or share personal and identifiable health information outside the Trellis Health application, including via email, copy, or otherwise export this information it will no longer be covered under HIPAA protections by Trellis Health and will be the users sole responsibility for security and privacy.
You will be informed of any fees to be charged when applicable. You will be responsible for providing a valid credit card number, expiration date, and card security code at the time you purchase any Trellis Health Systems, Inc offerings.
Trellis Health Privacy Statement and Disclosure of Information
Further, you acknowledge and agree that Trellis Health Systems, Inc is free to preserve and disclose any and all Personal Information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process (such as a judicial proceeding, court order, or government inquiry) or obligations that Trellis Health Systems, Inc may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce the Trellis Health Systems, Inc TOS; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Trellis Health Systems, Inc, its employees, its users, its clients, and the public. In such event we will notify you through the contact information you have provided to us in advance, unless doing so would violate the law or a court order. You understand that the technical processing and transmission of the Services, including your Personal Information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, or devices. Finally, Trellis Health Systems, Inc may, in its sole discretion, restrict access to the website for any reason.
Please refer to our Privacy Statement to read about data protection related to your information. See our complete Privacy Statement
You acknowledge that the Services content presented to you as part of the Services, whether original Trellis Health Systems, Inc Services content or sponsored content within the Services, is protected by copyright and/or other intellectual property rights that are owned by Trellis Health Systems, Inc and/or the sponsors who provide that content to Trellis Health Systems, Inc (or by other persons or companies on their behalf). Trellis Health Systems, Inc grants you a Limited License to copy and distribute free of charge, for non-commercial purposes only, any of the Services content with the exception of any content marked as not subject to this Limited License on the website, web app or mobile app, provided you: (i) provide the Services content as it appears on the Trellis Health Systems, Inc website with no changes including but not limited to presenting selections which might tend to misrepresent the substance of the Services content; (ii) include the following attribution on the first page of any materials you distribute: © Trellis Health Systems, Inc 2023. All rights reserved; distributed pursuant to a Limited License from Trellis Health Systems, Inc; and (iii) agree you have no right to offer anyone else any further right with respect to this Services content. Aside from the Limited License provided in this paragraph, you may not modify, rent, lease, loan, sell, distribute, or create derivative works based on this Services content (either in whole or in part) unless you have been specifically told that you may do so by Trellis Health Systems, Inc or by the owners of that content, in a separate agreement.
Customer Conduct - Unlawful and Prohibited Use
As a condition of your use of the Services, you warrant to Trellis Health Systems, Inc that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, or notices. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. Furthermore you agree not to use the Services to: (1) upload, post, email, or otherwise transmit any material that is derogatory, defamatory, obscene, or offensive, such as slurs, epithets, or anything that might reasonably be construed as harassment or disparagement based on race, color, national origin, sex, sexual orientation, age, disability, religious or political beliefs, or other statutorily protected status; (2) impersonate any person or entity, including, but not limited to, anyone affiliated with Trellis Health Systems, Inc, or falsely state or otherwise misrepresent your affiliation with a person or entity; (3) add your own headers, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service; (4) "stalk" or otherwise harass another; (5) upload, post, email, or otherwise transmit any content that you do not have a 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); (6) use any information received through the Services to attempt to identify other customers, to contact other, for any life insurance purpose or for any forensic use; (7) download any file posted by another user of the Service that you know, or reasonably should know, cannot legally be distributed in such manner; (8) upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of Trellis Health Systems, Inc or any other party; (9) harm minors in any way; (10) advertise or offer to sell or buy any goods or services for any business purpose, unless such area specifically allows such messages; (11) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose and only to the extent such content is authorized by law; (12) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (13) use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the site, unless explicitly permitted by Trellis Health Systems, Inc; (14) engage in "framing," "mirroring," or otherwise simulating the appearance or function of Trellis Health Systems, Inc website; (15) attempt to or actually override any security component of Trellis Health Systems, Inc web services; (16) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; (17) violate these Terms of Service, any code of conduct or other guidelines which may be applicable for any particular area of the Service or have been communicated to you by anyone affiliated with Trellis Health Systems, Inc; or (18) intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law.
You acknowledge and agree that you are solely responsible for (and that Trellis Health Systems, Inc has no responsibility to you or to any third party for) any breach of your obligations under the TOS and for the consequences (including any loss or damage which Trellis Health Systems, Inc may suffer) of any such breach. In case of breach of any one of these agreements Trellis Health Systems, Inc has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify Trellis Health Systems, Inc and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
If you violate the terms of this Section and/or Trellis Health Systems, Inc has a reasonable ground to suspect that you have violated the terms of this Section, Trellis Health Systems, Inc has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
You understand that Trellis Health Systems, Inc, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your User Content over various public networks and in various media; and (b) make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services, or media. You acknowledge and agree that this license shall permit Trellis Health Systems, Inc to take these actions. You represent and warrant to Trellis Health Systems, Inc that you have all the rights, power, and authority necessary to grant the above license.
Any Medical, Health or Genetic Information remains your information, subject to rights we retain as set forth in these TOS.
You agree to defend and hold Trellis Health Systems, Inc, and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns harmless from any claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User Content you submit, post to, or transmit through the Service; your use of the Service; your connection to the Service; your violation of the TOS; or your violation of any rights of another.
If you have provided your own Information, you will defend and hold harmless Trellis Health Systems, Inc, its employees, contractors, successors, and assigns from any liability arising out of the use or disclosure of any information which is disclosed to you consistent with our Privacy Statement or results from any third-party add-ons to tools we provide. In addition, if you choose to provide your Information to third parties - whether individuals to whom you facilitate access, intentionally or inadvertently, or to third parties for diagnostic or other purposes - you agree to defend and hold harmless Trellis Health Systems, Inc, its employees, contractors, successors, and assigns from any and all liability arising from such disclosure or use of your Genetic and/or Self-Reported Information.
No Resale of Service
Other than pursuant to the terms of the Limited License in Section 9 of this TOS or unless otherwise agreed in a separate agreement between you and Trellis Health Systems, Inc, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or transmit for any commercial purposes, all or any portion of the Service, use of the Service, or access to the Service.
General Practices Regarding Use and Storage
You acknowledge that Trellis Health Systems, Inc may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that Personal Information and Services content will be retained by the Service, the maximum disk space that will be allotted on Trellis Health Systems, Inc servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You acknowledge and agree that Trellis Health Systems, Inc has no responsibility or liability for the deletion of or failure to store any messages, other communications, or other content maintained or transmitted by the Services; or for the loss of Genetic Information due to malfunction or destruction of data servers or other catastrophic events. You further acknowledge that Trellis Health Systems, Inc reserves the right to change these general practices and limits in its sole discretion.
Modifications to Service
Trellis Health Systems, Inc reserves the right at any time and from time to time to modify, with or without notice, or discontinue, temporarily or permanently, the Services (or any part thereof) with notice. You acknowledge and agree that (i) modifications may result in a delay in computations for some of the Trellis Health Systems, Inc features or Services, and (ii) Trellis Health Systems, Inc shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
The Software that you use may from time to time automatically download and install updates from Trellis Health Systems, Inc. These updates are designed to improve, enhance, and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates (and permit Trellis Health Systems, Inc to deliver these to you) as part of your use of the Services.
You acknowledge that Trellis Health Systems, Inc may offer different or additional technologies or features to collect and/or interpret Information in the future.
The TOS will continue to apply until terminated by either you or Trellis Health Systems, Inc as set out in this Section.
If you want to terminate your legal agreement with Trellis Health Systems, Inc, you may do so by contacting Trellis Health Systems, Inc via email at firstname.lastname@example.org.
Trellis Health Systems, Inc may at any time, terminate its legal agreement with you (and in conjunction therewith, your password and account(s)) if: (1) you have breached any provision of the TOS (or have acted in manner which shows that you do not intend to, or are unable to comply with, the provisions of the TOS); (2) Trellis Health Systems, Inc is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (3) Trellis Health Systems, Inc is transitioning to no longer providing the Services to users in the country or state in which you reside or from which you use the Services; or (5) the provision of the Services to you by Trellis Health Systems, Inc is, in Trellis Health Systems, Inc opinion, no longer commercially viable.
Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. You acknowledge and agree that Trellis Health Systems, Inc shall not be liable to you or any third party for any termination of your access to the Services.
Survival of Terms
When the TOS come to an end, all of the legal rights, obligations, and liabilities that you and Trellis Health Systems, Inc have benefited from, been subject to (or which have accrued over time while the TOS have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of Sections 1.(Definitions); 2.(Acceptance of Terms); 3.(Prerequisites); 4.(Description of the Services); 5.(Risks and Considerations Regarding Trellis Health Systems, Inc Services); 6.(User Representations); 7.(Account Creation, Customer Account, Password and Security Obligations); 8.(Trellis Health Systems, Inc Privacy Statement and Disclosure of Information); 10.(Customer Conduct - Unlawful and Prohibited Use); 11.(Export Control and Applicable Laws and Regulations); 12.(Material Posted through the Service); 13.(Material Provided to Trellis Health Systems, Inc - Your Proprietary Rights); 14.(Indemnity); 15.(No Resale of Services); 18.(Termination); 19.(Survival of Terms); 20.(Dealings with Information Providers and Listed Resources); 21.(Hyperlinks and Trellis Health Systems, Inc Website); 22.(Trellis Health Systems, Inc Proprietary Rights); 23.(DISCLAIMER OF WARRANTIES); 24.(LIMITATION OF LIABILITY); 25.(Notice); 27.(Violation or Suspected Violation of Terms of Service); 28. (Dispute Resolution); and 29.(Miscellaneous) shall continue to apply to such rights, obligations, and liabilities indefinitely.
Hyperlinks and the Trellis Health Website
The Service provides, and third parties may provide, links to other sites and resources on the Internet. Because Trellis Health Systems, Inc has no control over such sites and resources, you acknowledge and agree that Trellis Health Systems, Inc is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Trellis Health Systems, Inc shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such hyperlinked site or resource.
Trellis Health Proprietary Rights
You acknowledge and agree that Trellis Health (or Trellis Health Systems, Inc licensors, as applicable) own all legal right, title, and interest in and to the Services, including any intellectual property rights (including but not limited to patents) which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Trellis Health Systems, Inc and that you shall not disclose such information without Trellis Health Systems, Inc prior written consent.
You further acknowledge and agree that the Services and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Services or sponsors is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by Trellis Health Systems, Inc, you agree not to-and not to permit anyone else to-modify, rent, lease, loan, sell, distribute, or create derivative works of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Services or Software or any part thereof, in whole or in part. Software, if any, that is made available to download from the Services, excluding software that may be made available by end-users through the Services, is the copyrighted work of Trellis Health Systems, Inc and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
Trellis Health Systems, Inc Trellis Health Systems, Inc, and other Trellis Health Systems, Inc logos and product and service names are trademarks of Trellis Health Systems, Inc and these marks together with any other Trellis Health Systems, Inc trade names, service marks, logos, domain names, and other distinctive brand features are the "Trellis Health Systems, Inc". Unless you have agreed otherwise in writing with Trellis Health Systems, Inc, other than through the Limited License in Section 8, nothing in the TOS gives you a right to use any Trellis Health Systems, Inc Marks and you agree not to display, or use in any manner, Trellis Health Systems, Inc Marks.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) that may be affixed to or contained within the Services.
Unless you have been expressly authorized to do so in writing by Trellis Health Systems, Inc, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.
For any Software not accompanied by a License Agreement, Trellis Health Systems, Inc grants you a personal, non-transferable, and non-exclusive right and license to use the object code of its Software on a single computer. You may not (and may not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Trellis Health Systems, Inc, in writing. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Trellis Health Systems, Inc, in the manner permitted by the TOS. Unless Trellis Health Systems, Inc has given you specific written permission to do so, you may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Trellis Health Systems, Inc for use in accessing the Service. Any rights not expressly granted herein are reserved.
Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (1) YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Trellis Health Systems, Inc EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. (2) Trellis Health Systems, Inc MAKES NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (3) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Trellis Health Systems, Inc OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. Trellis Health Systems, Inc DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, Trellis Health Systems, Inc SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.
Limitation of Liability
WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT Trellis Health Systems, Inc SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Trellis Health Systems, Inc HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH OR FROM THE SERVICES, (v) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (d) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (e) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (f) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; or (g) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.
Notices to you may be made via either email or regular mail. Trellis Health Systems, Inc may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on or through the Services.
Changes to the TOS
Trellis Health Systems, Inc may make changes to the TOS from time to time. When these changes are made, Trellis Health Systems, Inc will make a new copy of the TOS available on its website and any new additional terms will be made available to you from within, or through, the affected Services. The revised TOS will be effective on or after the posted date. Unless you notify us within thirty (30) days from the time you receive notice of the new terms that you do not agree to the terms, you will be deemed to have agreed to the new TOS. If any change to the TOS is unacceptable to you, you may stop using our Services and delete your account at any time. You acknowledge and agree that if you use the Services after the date on which the TOS have changed, Trellis Health Systems, Inc will treat your use as acceptance of the updated TOS.
Violation or Suspected Violation of TOS
If you violate the terms of these TOS and/or Trellis Health Systems, Inc has a reasonable ground to suspect that you have violated the terms of these TOS, Trellis Health Systems, Inc has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
(including Arbitration, Class Action Waiver and Time to Initiate Action)
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Initial Dispute Resolution. We are available by email at email@example.com to address any concerns you may have regarding your use of the Service. Most concerns may be quickly resolved in this manner. You agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Section 28(a) above, then either you or we may initiate binding arbitration. Except for any disputes excluded below in Section 28(d), all claims arising out of or relating to these TOS (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Services shall be finally settled by binding arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these TOS, including, but not limited to, any claim that all or any part of these TOS is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these TOS shall be subject to the Federal Arbitration Act. The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures
You understand that, absent this mandatory provision, you would have the right to sue in court and have a jury trial. You further understand that the right to discovery may be more limited in arbitration than in court.
Class Action and Class Arbitration Waiver. You and we each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 28(b) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief (i) in a small claims court for disputes or claims within the scope of that court’s jurisdiction, and (ii) any disputes relating to intellectual property rights, obligations, or any infringement claims.
Term for Cause of Action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section 28(b) do not apply or if you have opted out of arbitration, you agree that any litigation shall be filed exclusively in state or federal courts located in King County, Washington (except for small claims court actions which may be brought in the county where you reside). You and we expressly consent to exclusive jurisdiction in King County, Washington for any litigation other than small claims court actions. In the event of litigation relating to these TOS or the Service, you agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.
**Entire Agreement.**The TOS constitute the entire agreement between you and Trellis Health Systems, Inc and govern your use of the Services, superseding any prior agreements between you and Trellis Health Systems, Inc on this subject. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software
The failure of Trellis Health Systems, Inc to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Admissibility of printed version. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Section titles. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Severability Clause. If any portion of these TOS is found to be unenforceable, the remaining portion will remain in full force and effect.
Assignment: You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Trellis Health Systems, Inc for any third party that assumes our rights and obligations under this Agreement.